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Buyers Cry Fraud Over Mortgaged Flats, but Court Catches Them in the Act — Delhi HC

30 Oct 2026

Buyers Cry Fraud Over Mortgaged Flats, but Court Catches Them in the Act — Delhi HC
Source (official court record): Deepak Malhotra And Anr vs State Through SHO P.S. Inderpuri & Ors, Delhi High Court

Court: Delhi High Court

Ruled in favour of State Through SHO P.S. Inderpuri & Ors (Respondents)

In Short

Deepak Malhotra and Ruchi Malhotra accused the sellers of cheating them by selling two flats that were already mortgaged to a bank. However, police investigation and bank records revealed that the buyers actually knew about the loan and mortgage before purchasing the property. The Delhi High Court upheld the decision to close the cheating case against the sellers and to take action against the buyers for filing a false complaint.

The Parties

Party A: Deepak Malhotra and Ruchi Malhotra (Petitioners)

Party B: State Through SHO P.S. Inderpuri, Prem Singh, and Bhupinder Kaur (Respondents)

Advocates & Judges

For Party A: Learned Advocate Mr. Vikram Aggarwal

For Party B: Learned Advocate Mr. Raghuvinder Verma, Learned Advocate Mr. Aditya Vikram Singh, and SI Krishan Verma

Judge(s): Hon'ble Justice Madhu Jain

What the Case Was About

The petitioners bought two flats in Delhi in June 2009. Years later, the bank took over the property because a business loan taken by the seller had not been repaid, and the flats were auctioned off. The buyers claimed they had no idea the property was mortgaged when they bought it and filed a police complaint for cheating. However, the police investigated and found evidence suggesting the buyers actually helped set up the bank loan and knew about the mortgage from the very beginning. Because of this, the police filed a cancellation report stating the cheating complaint was false.

Judgment Date

06.10.2026

The Outcome

The court dismissed the petitioners' challenge, keeping in place the lower court's order that accepted the police cancellation report.

What the Court Looked At

What This Means For You

When you buy property, you must be completely honest about what you knew and when you knew it. In this case, the buyers tried to use the police and the courts to claim they were innocent victims of fraud, but paper trails like bank documents, introduction forms, and letters written to the bank exposed the truth. If your own actions or past paperwork contradict the story you tell in a police complaint, the law can turn around and punish you for making false accusations. Setback Solutions is here to help you understand your options and coordinate your next steps in plain language, ensuring you never face complex disputes without clear guidance.

You Still Have Options

Dealing with a dismissed complaint, a false accusation charge, or a complex property fraud dispute can feel overwhelming and leave you out of pocket. You do not have to navigate these confusing legal crossroads alone; you can always seek a second opinion, explore new ways to present your facts, or get non-judicial guidance. Reach out to Setback Solutions for help understanding your options and coordinating the next steps. Please remember that Setback Solutions is not a law firm and does not give legal advice or guarantee any specific outcome.

⚠️ This is an AI-generated article. AI can make mistakes. Please double-check the facts by reading the real order/source linked above rather than relying completely on this article.

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