Mumbai Court Refuses To Quash Cheating Case Against Builder Over Flat Size Dispute
· Free Press Journal
The sessions court has refused to set aside proceedings against construction firm Kabra and Associates for allegedly cheating an Overseas Citizen of India (OCI) couple residing in Australia. The couple claimed they were promised a 1,800 sq ft property but were instead handed a flat measuring only 1,050 sq ft.
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Firm Challenged Magistrate’s Order
The firm and its partners, Dilip Soni and Mahendra Soni, had challenged a September 27, 2022 order by the metropolitan magistrate court in Borivali, which initiated proceedings against them for cheating. The magistrate had acted on a complaint filed by Rekha Hemdev, 60, and Rajkumar Hemdev, 62.
Booking And Payment Details
The Hemdevs stated that they approached the firm to purchase a property in an upcoming project, booking two flats conjointly numbered 2101 and 2102. The unit, which was to include a fitness centre on the 21st floor, was priced at ₹2.56 crore. This agreement was reportedly reflected in a booking receipt dated April 29, 2015, issued by the firm’s representative. The couple paid ₹51 lakh as a booking amount.
Alleged Reduction In Flat Area
The complainants alleged that a draft sale agreement was withheld until the registration date. On May 30, 2015, the firm demanded the full consideration amount. Induced by the firm, the couple paid the balance, expecting full possession. However, the fitness centre area was never handed over.
Upon receiving the registered agreement, the couple found the area had been reduced to 97.54 sq mt (1,050 sq ft).
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The firm’s lawyer argued that the approved floor plan always specified 97.54 sq mt and denied ever agreeing to the larger area. He dismissed the booking receipt as unsigned and lacking evidentiary value.
However, the court observed that the accused prima facie induced the buyers by promising 1,800 sq ft before failing to deliver. Finding evidence of fraudulent intention at the outset of the transaction, the court upheld the proceedings under Section 420 of the Indian Penal Code.
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