To, Dated: __.04.

2025
SHO
PS:
Gurugram-

Haryana

Subject: Complaint against Blackberry Realcon Private Limited,

Narender Director of Blackberry Realcon Pvt Ltd, Kunal Rishi,
Director of Blackberry Realcon Pvt Ltd, Mr Ankit Vaid- Company
Secretary of Blackberry Realcon Pvt Ltd & other unknown persons
under Sections 61, 316, 318, 320 and other relevant provisions of
The Bharatiya Nyaya Sanhita, 2023.

Respected Sir,

This present complaint is being preferred by Mrs. Lalitha Walia & Mr.
Satish Chander Walia (hereinafter Complainants/victims) who are peace
loving and law-abiding senior citizens of India residing at 202B, LTH,
Laburnum, Sushant Lok-1, Galleria DLF-IV, Gurgaon, Haryana-122009.

The complainants are preferring the present complaint, inter alia

seeking investigation and lodgment of FIR against all the accused
persons, who have committed serious offences punishable under the
Bhartiya Nyaya Sanhita, 2024 for duping the complainants with their
hard-earned monies to the tune of Rs. 1,02,00,000/- (Rupees One
Crore Two Lakhs), which was paid by the complainant to the accused
persons towards the booking and payment of unit bearing No. ST/0911,
9th floor, Tower A, admeasuring 975 sq ft, in the project of the Company
in name and style of ‘Paras Square’, situated in Sector 63A, Gurgram,
Haryana.

Moreso, due to deliberate/intentional and fraudulent actions by

accused no. 1 to accused no.4, in active connivance and similar modus
operandi, to commit criminal breach of trust, fraud, cheating and
misrepresentation. Further, the accused person no.2 and accused no.3
being looking after the day-to-day affairs and managing the actions of the
company by syphoning off the monies collected from the various
investors/victims. While the details of the criminality of the accused
persons are stated in the preceding paragraphs of the complaint, we
consider it important to provide a brief background, as a prelude to the
details which are as follows.

BRIEF FACTS LEADING TO FILING OF THE PRESENT COMPLAINT

i. The accused Company, somewhere around 2018-2019 started

promoting their upcoming project with great pomp and show in
various, newspapers, advertisements and social media promotions,
inclusive of tele-calling from their other persons for the project
under the name and style ‘Paras Square’ situated in Sector 63 A
Gurugram through heavy promotions via print and electronic media
by blooming pictures.

ii. The accused no.2, accused no.3 along with one unknown person
approached the complainants in and around, 2019 for investing in
their project by deceiving and portraying rosy picture qua their up-
coming project to be one of its kind and best projects having world
class amenities that too near Delhi-NCR.

iii. The accused persons again represented that the project shall be
fully completed on or before 31.07.2019 in all respects and assured
that the complainants shall be allotted a unit and further assured
that they have obtained all requisite permissions from the
government department for constructing the same.

iv. The accused persons particularly assured the Complainants that all
the relevant and requisite permission were taken by the company
from various govt departments and RERA authority for the
 development of said project, which would eventually help in getting
timely possession of the unit in the said project.

v. That the Complainants were deliberately and fraudulently induced

by the representatives and agents of the Accused Company,
Blackberry Realcon Pvt. Ltd., to invest their hard-earned life savings
into the commercial project titled Paras Square, Sector 63A,
Gurugram. The accused persons falsely represented that the said
project will be completed by fully complete in all respects and
categorically assured the Complainants that possession of the
allotted unit, along with execution of the conveyance deed, would
be handed over within six months of booking. These assertions were
made knowingly and dishonestly to mislead and extract funds from
the Complainants. On this false pretext, the accused offered a Down
Payment Plan, fraudulently justifying it by claiming that the said unit
will be fully constructed and will be ready for immediate possession
on or before 31.07.2019. Believing these intentional
misrepresentations to be true, the Complainants proceeded to book
the unit.

vi. That being deceived from the assurances and representations of the
accused persons, acting upon and relying in good faith on the false
representations and fraudulent assurances made by the
representatives and agents of the Accused Company, the Accused
Company issued an Allotment Letter dated 31.05.2019 in favour of
the Complainants, confirming the allotment of service apartment
bearing Unit No. ST/0911, 9th floor, Tower A, admeasuring 975 sq ft,
in the project Paras Square, Sector 63A, Gurugram. The total sale
consideration for the said unit was stated to be Rs. 1,02,00,000/-
(Rupees One Crore Two Lakhs). The Company at the time of
booking the Apartment also offered an option to the Complainant,
stating that once the apartment would be constructed completely, it
 would be leased out and the Complainant would receive rent at the
rate of Rs. 80 per sq ft.
A COPY OF ALLOTMENT LETTER DATED 31.05.2019 IS
ANNEXED AND MARKED HEREWITH AS ANNEXURE A.

vii. Along with the allotment letter, the Accused enclosed a Down
Payment Plan, which describes that a sum of Rs. 5,00,000/- (Rupees
Five Lakhs) will be paid at the time of booking, Rs. 35,21,680/-
(Rupees Thirty Five Lakhs Twenty One Thousand Six Hundred
Eighty) after 3 days of allotment and Rs. 60,32,520/- (Rupees Sixty
Lakhs Thirty Two Thousand Five Hundred Twenty) on or before
31.07.2019.
A COPY OF PAYMENT PLAN IS ANNEXED AND MARKED
HEREWITH AS ANNEXURE B.

viii. The complainant being a Bona Fide purchaser and being trapped
into the rosy picture of the accused persons, was left with no option
but to make payment in the genuine belief that the Accused persons
would fulfill its commitment and immediately hand over possession
of the allotted commercial unit. Perusal to which the Complainants
had abided with the payment plan and had deposited the entire
consideration amounting to Rs. 1,02,00,000/- (Rupees One
Crore Two Lakhs).
A COPY OF THE PAYMENTS DETAIL ARE ANNEXED AND
MARKED HEREWITH AS ANNEXURE C (COLLY).

ix. That on 19.07.2019 an Agreement for sale was executed between

the Accused Company and the Complainants jointly. It is important
to mention that in Clause 8 of the said agreement the Accused
Company was under obligation to deliver the possession of the unit
on or before the date mentioned in the RERA Certificate which was
also enclosed with the said Agreement for sale. However, no date of
completion or whatsoever is mentioned in the said certificate. When
 the Complainants raised this issue with the agents of Accused
company the Complainants were assured that the possession of the
said unit will be transferred on or before 31.07.2019, also the said
RERA certificate very categorically mentions that the validity of the
above said project ended on 31.12.2019.
A COPY OF AGREEMENT FOR SALE DATED 19.07.2019 IS
ANNEXED AND MARKED HEREWITH AS ANNEXURE C.
A COPY OF RERA CERTIFICATE IS ANNEXED AND MARKED
HEREWITH AS ANNEXURE C.

x. That as per clause 8.7.2 of the Agreement for sale, the Accused
Company was liable to pay interest to the Complainants at the rate
prescribed in the Real Estate Regulation and Development Act, 2016
for each month’s delay. The interest was payable by the Accused
Company till the date of offer of possession.

xi. That the Accused company acted in contravention of the Agreement

for Sale dated 19.07.2019 and failed to either offer possession on
assured date of 31.07.2019 or pay any delay compensation to the
Complainants despite repeated requests made by the Complainants.
In fact the Complainants was even threatened by the agents of
Accused company by stating that the said allotment would be
canceled and all the money deposited will be forfeit if the
Complainants kept calling and visiting Accused company office
premises.

xii. In light of the threats made by the agents of the Accused company
the Complainants were left with no choice but to act accordingly
with the Accused Company. The accused company being in a
dominating position after receiving entire consideration compelled
the Complainants to entering into a fresh sale deed dated
09.06.2023 with all together new footings and implying transfer of
 possession on paper, signifying that the Complainants were handed
possession in documentation but not in actuality.
A COPY OF SALE DEED DATED 09.06.2023 IS ANNEXED AND
MARKED HEREWITH AS ANNEXURE D.

xiii. However, despite having received the entire sale consideration in

tunes of Rs. 1,02,00,000/- (Rupees One Crore Two Lakhs) the
Accused persons have acted in contravention of the Agreement
deliberately failed to offer or deliver possession till date. It is
important to mention that despite This conduct constitutes not only
a breach of trust but also points to a criminal intention from the very
beginning to deceive and cause wrongful loss to the Complainants
while gaining unlawfully.

xiv. The Accused knowingly fabricated false financial details to

manipulate contractual terms and deprive the Complainants of their
lawful rights. This act was carried out fraudulently and dishonestly,
with the clear intent to cheat (Section 420 IPC) and misappropriate
funds (Section 406 IPC).

xv. That Clause 8 of the Agreement for sale further exposes the
fraudulent intent of the Accused. It vaguely mentioned that
possession would be handed over in accordance with the timeline
stated in the RERA Certificate. However, upon a detailed inspection
of RERA Certificate No. 13 of 2018, the Complainants were
shocked to discover that the said certificate contained no
completion timeline whatsoever and was, in fact, valid only till
31.10.2018, well before the date of booking and receipt of
payments. This deliberate misrepresentation, omission and
misdirection served to mislead the Complainants into believing that
the project was valid, approved, and nearing possession. The
absence of any binding delivery schedule fundamentally destroyed
the basis upon which the Complainants had been induced to invest
 their life savings. The consistent refusal to disclose material facts,
along with presentation of an invalid RERA certificate, amounts to
cheating under Section 420 IPC, criminal concealment, and
suppression of truth with intent to defraud.
A COPY OF THE INVALID RERA CERTIFICATE NO. 13 OF 2018
IS ANNEXED HEREWITH AS ANNEXURE E.

xvi. That despite the Complainants having paid the total amount of Rs.
1,02,00,000/- (Rupees One Crore Two Lakhs), the Accused
persons have, willfully failed to provide any clarity, possession
timeline, or commitment regarding the handover of the allotted
commercial unit. For over four years, the Complainants have been
subjected to calculated silence, evasive conduct, and total disregard
from the Accused, leaving them in a state of prolonged mental
harassment, financial distress, and legal uncertainty. This continued
inaction and non-communication, despite securing almost the entire
payment, is not a matter of mere negligence but constitutes a
deliberate and orchestrated act of cheating (Section 420 IPC) and
criminal breach of trust (Section 406 IPC). The actions of the
Accused reflect an intent to dishonestly misappropriate the
Complainants’ funds while never intending to fulfill their obligations,
thereby causing wrongful gain to themselves and wrongful loss to
the Complainants, who are senior citizens now left with no option
but to seek criminal prosecution.

xvii. It is submitted that till date no actual possession is transferred in

favour of Complaints and there seems no way that the said
possession will be ever transferred as the RERA registration of the
said project is expired and the accused persons have deliberately
and with utmost malafide intention have duped the complainants
with their hard-earned life savings.
xviii. The Complainant submits that the Company, Directors and Accused
has from initials have malafide intentions as they had received
complete payment without even having proper authority to begin
any construction.

xix. The actions of Company and Accused persons and the associated
individuals demonstrate a deliberate and fraudulent intent to
deceive the complainant. The misuse of funds, which were
specifically earmarked for payment of unit, constitutes criminal
breach of trust under Section 316 of the Bharatiya Nyaya
Sanhita, 2023. This section specifically criminalizes the
misappropriation of funds entrusted to a person for a specific
purpose.

xx. By diverting the funds for personal purposes and failing to fulfil the
agreed obligations, Company and Accused have not only committed
criminal breach of trust but have also engaged in cheating under
Section 318 of the Bharatiya Nyaya Sanhita, 2023. The
elements of fraudulent misrepresentation and deceptive
conduct/cheating are clearly present, as the complainant was
induced to part with substantial sums of money based on false
representations regarding the utilization of those funds.

xxi. The involvement of Company and Accused persons indicates a clear

conspiracy to misappropriate the funds. Their role in facilitating the
transfer of possession of the unit to Complainants and their
subsequent failure to ensure the funds were used as agreed further
strengthens the case for criminal conspiracy under Section 61 of
the Bharatiya Nyaya Sanhita, 2023.

Further, as the accused created the false transfer deed, thus

accused persons committed the offence of “Forgery For the Purpose of
Cheating”,. Further as the accused used the forged documents as
genuine, thereby they committed the offence of “Using a Forged
Document as Genuine”.

These persons have conspired to commit above-mentioned offences

and hence have committed offences. These accused are the beneficiaries
of this cheating and have been hand in glove with each other and were
well aware of the fact that their these acts are wrongful acts/ offence, still
they went ahead with aforesaid modus operandi and hence the aforesaid
accused have had common intention to cause wrongful loss to me and
wrongful gain to them. These persons rather threatening to implicate us in
some false cases.

It is submitted this Police Station has jurisdiction over the subject

matter as all the meetings, discussions and promises were made by the
accused persons at the registered office of accused no. 1 company at
………….and some of the meetings were organized in …………...

Thus, as cognizable offences under Section 316 / 318 / 338 / 336 /

340 / 344 / 308 / 308 / 61(2), 62 / 3(5) BNS have been committed by the
accused hence, you are requested to register the case and take
appropriate action against the accused.

Yours Faithfully,

COMPLAINANT NO.1 COMPLAINANT NO.2

Mrs. Lalitha Walia Mr. Satish Chander Walia