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4. Thereafter, residents of the aforesaid project started complaining about structural defects in the buildings, whereafter, the petitioner engaged structural experts from Indian Institute of Technology, Delhi who in their report dated 17.11.2021 recommended extensive repairs to the project. Pursuant to which, the petitioner issued notice dated 18.11.2021 to all the residents requesting them to vacate the complex by 23.11.2021.

14. As noted above, the learned JMFC by order dated 19.10.2024 allowed the application filed by Respondent No. 2 and directed registration of FIR against the petitioner. The learned JMFC noted that the petitioner had complete knowledge that the building suffered from structural defects and Respondent No. 2 was duped into purchasing a flat in the said project. Pursuant to which the subject FIR was registered.

(2022) 6 SCC 599].

23. It is the case of Respondent No. 2 that he had booked a flat in a project that was being developed by the petitioner. Despite paying the entire consideration amount, Respondent No. 2 was not given possession of the flat. Thereafter, on complaints of other residents regarding structural defects, the petitioner hired experts from Indian Institute of Technology, Delhi who in their report advised extensive repairs to the said project. Allegedly, the petitioner kept on giving false promises to Respondent No. 2 that the flat is ready and also issued a Possession Certificate to him, however, the petitioner never gave possession of the said flat. Respondent No. 2 further alleged that the petitioner was already aware of the structural defects and deceived Respondent No. 2 into purchasing a flat in the project.