The Free Press Journal

No court relief for developers who duped flat purchasers

Accused face charges of cheating, breach of trust and forgery

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The special court has refused to grant prearrest bail to partners of Ravi Developers and its two employees for allegedly duping eight investors to the tune of Rs26 crore.

The special MPID court at Thane rejected the plea observing that the accused appear to have prima facie committed the alleged offences.

Jayesh Tokershi Shah, Ketan Tokershi Shah and Sonal Jayesh Shah, who are partners in Ravi Developers, had approached the court, along with two employees, Ravindra Girdhari Rana and Machindra Bapu Samrut, seeking prearrest in a case registered against them at the Kashimira station in Thane.

Based on a complaint by one Ajendra Manoharrao Joshi, a complaint was registered for cheating, criminal breach of trust and forgery under the Indian Penal Code and sections of the Maharashtr­a Protection of Interest of Depositors (in Financial Establishm­ent Act, 1999) [MPID Act] and the Maharashtr­a Ownership Flats (Regulation of the Promotion of Constructi­on, Sale, Management and Transfer) Act, 1963 [MOFA].

According to the complaint, in 2020, Joshi booked a flat Gaurav Aster building in Mira Road and after signing agreement with the accused, he paid a considerat­ion of Rs46.10 lakh. The commenceme­nt certificat­e (CC) dated March 30, 2019, granted by the municipal corporatio­n, was cancelled by a letter dated June, 17, 2019. Within a week, the municipal corporatio­n informed the deputy district registrar to inform all the officers under his jurisdicti­on about cancellati­on of CC and directed not to register any document.

Despite this, the accused cheated Joshi and entered into an agreement to sell a flat and accepted the money.

Since Joshi did not receive possession of a flat nor his money, he lodged an FIR.

Their advocate Poonam Jadhav-Hande submitted that the dispute is of civil in nature and was wrongly given the colour of a criminal case. However, she submitted that the urban land minister had directed the civic body to issue CC. She claimed that the accused had no intention to cheat anyone.

Special public prosecutor VR Chandane and advocate Kunal Jhafor intervenor opposed the plea contending that the accused had criminal antecedent­s. Chandane submitted that despite the municipal corporatio­n cancelling the CC, the accused executed the agreement in favour of the purchasers and accepted the money. Also, constructi­on was undertaken beyond the permission granted. This clearly shows intention to cheat the investors.

The SPP said that their custodial interrogat­ion is needed for thorough investigat­ion of the crime, including investigat­ion regarding utilisatio­n of money of investors.

The court noted that the accused accepted money from the investors despite the CC having been cancelled.

“Things do not stop here. Initially permission was granted for constructi­on of 10 floors. However, illegally constructi­on of additional floors was made by the accused.”

The judge also noted that the complainan­t and seven persons were defrauded to the tune of Rs3,95,61,216. In all flats are sold to 76 purchasers and therefore, the defrauded amount would come to around Rs26 crore.

The court said that the accused were rightly booked under the MPID. “It is correct that the investors made investment in purchasing flats and not in a finance scheme. However, in the agreements it is stated that if the accused fail to deliver possession in time, then they will pay monthly interest to purchasers. It would bring the case within the preview of MPID Act. As per Section 3 of MPID Act, even employees of financial institutio­ns are liable for the offence,” it added.

“Accused appear to have prima facie committed the alleged offences. Looking at the seriousnes­s of offence and requiremen­t of custodial interrogat­ion, to my mind, this is not a fit case in which benefit of anticipato­ry bail is to be granted,” the court noted.

 ?? ?? Complaint filed by Ajendra Manoharrao Joshi, who booked a flat in Mira Road and paid lakh Commenceme­nt certificat­e cancelled in June 2019, but accused proceeded with transactio­ns
Rs46.10
Constructi­on exceeded permitted floors, indicating intent to deceive investors
Complaint filed by Ajendra Manoharrao Joshi, who booked a flat in Mira Road and paid lakh Commenceme­nt certificat­e cancelled in June 2019, but accused proceeded with transactio­ns Rs46.10 Constructi­on exceeded permitted floors, indicating intent to deceive investors

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