SC grants interim protection to Mumbai builder in cheating case

06 Sep 2024 CW Team

The Supreme Court has granted interim protection from arrest to Mumbai-based developer Rajesh Jain, accused of cheating a doctor by promising a flat in his Wadala (West) project. The interim relief comes after the Bombay High Court rejected his pre-arrest bail plea on August 26.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah issued a notice to the complainant, Dr Bharati Patil, and scheduled the next hearing for October 25. The court directed that no coercive action be taken against Jain, provided he cooperates with the investigation.

The case stems from a 2012 interaction when Jain, representing the Neumac Group, allegedly convinced Dr Patil and her son, Dr Nirmal, to invest in his Neumac Aura project, promising them a flat at a discounted rate. Over the years, Rs 9 million was transferred to Jain?s firm in three installments. In August 2019, Jain issued an allotment letter for a flat, but when the buyers visited the site, no development had taken place. Jain later refused to refund the money and allegedly issued threats.

The Bombay High Court rejected Jain's bail request, citing dishonest intentions. However, Jain's appeal to the Supreme Court argues that the dispute is civil in nature and that he had been willing to refund the money, but negotiations failed due to Dr Patil's demand for 24% penal interest. He also noted that the matter is being adjudicated by MahaRERA, which he claims is the proper forum for resolution.(ET)

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