Chennai sent a closure report dated 27.11.2022 to the complainant, wherein it was found that the petitioner purchased a flat in an apartment named “The Metrozone” Flat No.1603, 16th Floor in 'N' Block and paid UDS value of Rs.31,61,000/- and construction cost of Rs.70,61,414/-, in total, the petitioner paid Rs.2,01,77,414/-. The construction agreement was entered between them on 31.08.2010 and thereafter, a Tripartite Agreement was entered between the petitioner's banker Kotak Mahindra Bank Limited and M/s.Ozone Projects Private Limited on 23.09.2010 for Flat No.N-1603. M/s.Ozone Projects Private Limited further collected an additional cost of Rs.7,45,677/- which was also paid. Thereafter, when the flat was inspected, it was found that the flat was incomplete and the petitioner refused to take possession of the property, hence it was found that it is a dispute between the petitioner and the flat promoter. Thereafter, the petitioner was advised to approach the Tamil Nadu Real Estate Regulatory Authority or National Company Law Tribunal and closed the petition. Thereafter, the petitioner approached the Lower Court in Crl.M.P.No.28688 of 2023 and the learned Magistrate by order dated 16.11.2023 gave a similar finding that there is no criminality. He further submitted that the petitioner referring to Crime No.10 of 2024 submitted that the petitioner is also similarly placed and Page No.5 of 10