NO COURT RELIEF FOR BUILDERS IN CHEATING CASE

MUMBAI: Last week, the Mumbai sessions court refused to grant pre-arrest bail to directors of KD Developers Amit Ruparel and Parikshit Sharma in connection with a complaint lodged by some flat buyers that the builders failed to hand over the possession of flats booked by them. They also allegedly sold the premises to third parties. The firm was in the process of developing a property in Chembur and constructing a tower “Ruparel Orion.”

The complainant alleged that he wanted to book the flat in the said tower; he also convinced his colleagues to book the flat there. It was alleged that the developer was scheduled to deliver possession of the flats by December 2015, but failed to do so. He had to pay interest of 25% which also he failed to pay. Hence, they filed a complaint with the magistrate court, which directed the police to register a case against the two.

The lawyer for the two contended that they could not complete the project for reasons beyond their control, majorly the obstruction created by the residents of adjoining buildings. The defence argued that the accused are ready to cooperate with the investigation and there is no need for their custodial interrogation as the entire case is based on documented evidence.

The court refused to accept the defence and claimed that the project was completed by 2015 but they failed to hand over possession or refund the amount with interest.

Hence the court held that there is prima-facie evidence against the accused. “Offence is serious. The complainant and others invested amounts of lakhs in the project. Therefore, custodial interrogation of the accused is necessary,” the court held while rejecting their plea for prearrest bail.