PNB HOUSING FINANCE LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Crl.M.C. is as follows:-

(2.) The petitioners, who are the officials of Punjab National Bank Housing Finance Limited, are accused Nos.1 to 6 respectively in the aforementioned F.I.R. They along with the co-accused face allegations under Ss. 406, 409, 420, 442 and 120-B read with Sec. 34 of the Indian Penal Code. The F.I.R was registered based on a complaint filed by respondent No.2.

(3.) Respondent No.2/the defacto complainant in the F.I.R. purchased an apartment in a project managed by Jain Housing and Constructions Ltd. called 'Tuffnel Park'. He purchased the apartment along with his wife after availing a housing loan of Rs.40.00 lakhs from petitioner No.1 and further paying a sum of Rs.11,13,820.00 by himself. A sale deed was executed on 18/12/2015 in favour of the complainant by Jain Housing and Construction Company. The complainant was allotted Flat No.4055 in the apartment complex. Based on the representation of the Builder that occupancy certificate was obtained from Thrikkakkara Municipality the complainant carried out interior works costing around Rs.10.00 lakhs. In May, 2019, the complainant came to know that the Supreme Court has ordered demolition of another project by name 'Coral Cove', a project of the same builder. He got information that the apartment was constructed illegally on a paddy land and the construction was made without getting mandatory consent from the Kerala Pollution Control Board and further that environmental clearance was also not obtained.