One More NRI Couple Cheated by Skyline Construction Co. an Arm of RNA Corp.

One More NRI Couple Cheated by Skyline Construction Co. an Arm of RNA Corp.

Mumbai, 22^nd June, 2017: Last month, a 5th FIR was registered against the RNA builders' in Goregaon Police station by EOW for cheating hundreds of flat-purchasers in RNA Exotica Project in Goregaon West, a non-resident couple based in USA New york, booked a spacious Flat on 26^th floor flat No.B-2602 in RNA Exotica,

It was an Empty Promised made by RNA Corp who registered Agreement for Sale dated 23^rd July,2012, Premal Shah and Aaisha P Shah, a non-resident couple based in USA New York, booked a spacious 26th floor flat in RNA Exotica, based on the builder's promise that they would get possession within three years. The couple planned to return to India to live in this spacious dream house. After making payments to the extent of 75% of the sale price being a sum of Rs. 1,14,13,263/- (Rupees One Crore Fourteen Lacs Thirteen Thousand Two Hundred and Sixty Three ) out of the total consideration of Rs. 1,49,56,686/- (Rupees One Crore Forty Nine Lacs Fifty Six Thousand Six Hundred Eight Six) till date, the couple was kept in the dark by RNA Corp which fed them a steady diet of outright lies during the three-year waiting period. Every time the couple received a demand Notice from RNA Corp, they paid the installment religiously without default and were made to understand that the project was making satisfactory progress. In the end, the couple's rude awakening consisted of not one, but got many shocking jolts!

1) They Learned about the FIR being filed against RNA Corp.in RNA Exotica Project on 31st May 2017

2) They were never informed about the RNA Exotica is small island surrounded by slums rehab building and not on a posh locality as claimed and advertised in the brochure, in-fact the RNA Exotica project is a Slum Rehabilitation project under MMRDA.

Copy of the complaint letter is annexed herewith

BY HAND DELIVERY / REGISTERED A.D / SPEED POST

Ref No.: AVM/TG/7231/2017 Date:22^nd June,2017

To,

THE JOINT COMMISSIONER OF POLICE

THE ECONOMIC OFFENCES WING (EOW),

GROUND FLOOR, ANNEXE 2 BUILDING,

POLICE COMMISSIONER OFFICE, CRAWFORD MARKET,

MUMBAI 400001

TEL: +(91)-22-22620787, 22672770

Sir,

SUB: CRIMINAL COMPLAINT FOR OFFENCES OF CRIMINAL BREACH OF TRUST, COLLUSION, MISAPPROPRIATION, CRIMINAL CONSPIRACY, CHEATING, FORGERY AND OTHER OFFENCES AGAINST SKYLINE CONSTRUCTION CO. GROUP COMPANY OF RNA DEVELOPERS AND ITS DIRECTORS, THE ACCUSED, NAMELY:

1. SKYLINE CONSTRUCTION CO.

RNA CORP. GROUP COMPANY, RNA CORPORATE PARK,

6/7 FLOOR, NEXT TO COLLECTOR’S OFFICE,

KALANAGAR, BANDRA (EAST),

MUMBAI -400051.

2. MR. ANUBHAV AGARWAL,

RNA CORPORATE PARK,

6/7 FLOOR, NEXT TO COLLECTOR’S OFFICE,

KALANAGAR, BANDRA (EAST),

MUMBAI -400051.

(MOBILE: )

(OFFICE NO. )

3. MR. GOKUL AGARWAL,

RNA CORPORATE PARK,

6/7 FLOOR, NEXT TO COLLECTOR’S OFFICE,

KALANAGAR, BANDRA (EAST),

MUMBAI -400051

(MOBILE: )

(OFFICE NO. )

4. MRS. SARANGA AGARWAL,

RNA CORPORATE PARK,

6/7 FLOOR, NEXT TO COLLECTOR’S OFFICE,

KALANAGAR, BANDRA (EAST),

MUMBAI -400051

(MOBILE: )

(OFFICE NO. )

….. ACCUSED

OFFENCES UNDER SECTIONS:

Ø u/s 34 - Acts done by several persons in furtherance of common intention

Ø u/s 120 B - Punishment of Criminal Conspiracy

Ø u/s 403- Dishonest – Misappropriation

Ø u/s 405 – Criminal Breach of Trust

Ø u/s 415 - Cheating

Ø u/s 420 - Cheating and Dishonesty

Ø u/s 425 - Mischief

Ø u/s 464 - Making false documents

Ø u/s 465 - Punishment for Forgery

Ø u/s 468 - Forgery for purpose of cheating

Ø u/s 477 A - Falsification of accounts

OF THE INDIAN PENAL CODE.

FOR CHEATING AND FRAUD WITH FLAT PURCHASERS TO THE TUNE OF MORE THAN 50 CRORES AND DIVERTING HARD EARNED MONEY FOR PERSONAL CONSUMPTION

COMPLAINANTS:

1. Mr. Premal B. Shah

2. Mrs. Ashiya P. Shah

Residing at D- 1005, Oberoi Splendour,

JVLR, Opp Majas Bus Depot,

Andheri East,

Mumbai …Complainants

We are concerned for Our Clients, the Complainants above named having their addresses as mentioned above, who have placed in our hands certain documents, based on which we hereby seek to lodge a Criminal Complaint with yourself i.e. the Economic Offence Wing, as the offences committed have caused wrongful loss to the Complainants. This Complaint is in addition to an earlier Complaint filed by other Complainants against the Accused wherein an FIR has already been lodged. The following facts will demonstrate how the Accused have jointly conspired to cause loss to the complainants herein also.

We shall refer to Our Clients as “the Complainants” and the Accused as “the Accused” respectively.

1. The Complainants are flat purchasers of Flat No. 2602 admeasuring 770.37 sq.ft. carpet area on the 26^th floor in the B Wing in the building “RNA EXOTICA” (“Said Project”) being 2 levels of Basement, ground stilt, 11 level of podium, 1 level of E- Deck Plus 30 upper Floors building to be constructed on the property bearing CTS No. 101 to 11 and 149 (pt) being situated at Village Goregaon, Taluka Borivali in the Registration District and sub district of Mumbai and Mumbai Suburban.

2. The Accused Nos. 1 is a builder and developer, having its address as mentioned in the cause title above.

3. The Accused Nos. 2, 3 and 4 are the Directors/Officers of Accused No.1 company who are carrying on business as Builders and Developers having their addressees as mentioned in the cause title above.

4. Complainants state that an FIR has already been lodged against the Accused in respect of the above project. Hereto annexed and marked as Annexure – A is the Copy of the FIR. Also annexed as Annexure – B is the Copy of the Registered Agreement for Sale and Annexure – C are the Copies of the Payment Receipts in respect of the flat purchased by the Complainants.

PURPOSE OF THE COMPLAINT

5. The Complainants have filed this present Complaint for the purposes of :

a) Criminal Breach of Trust and Cheating the Complainants;

b) Giving False Assurances with no intention of performing them;

c) Fraud played by the Accused persons in respect of their money and property and has thereby prayed for such punitive actions and orders of this Hon’ble Authority as more particularly prayed herein under.

BRIEF FACTS NECESSITATING THE FILING OF THE CRIMNAL COMPLAINT

6. The Complainants submit that they being the Flat Purchasers agreed to purchase Flat No. 2602 admeasuring 770.37 sq.ft. carpet area on the 26^th floor in the B Wing in the building “RNA EXOTICA” (“Said Project”) being 2 levels of Basement, ground stilt, 11 level of podium, 1 level of E- Deck Plus 30 upper Floors building to be constructed on the property bearing CTS No. 101 to 11 and 149 (pt) being situated at Village Goregaon, Taluka Borivali in the Registration District and sub district of Mumbai and Mumbai Suburban (hereinafter referred to as ‘the said flats’) in their joint/individual names as the case may be. The Complainants state that the said building/project ‘RNA EXOTICA’ was to be completed and developed by the Accused persons as per the plans approved by the Municipal Corporation of Greater Mumbai. The Complainants state that at the time of purchasing the said Flat it was represented that the project is free and clear and that there are no impediments to the title and that the project would be completed in a time bound manner. Based on this, it was agreed that the allotment letter would be issued on payment for advance consideration and thereafter a formal agreement for Sale of flat under the provisions of the Maharashtra Ownership of Flats Act, 1963 and the Rules, 1964 as framed therein (‘MOFA’) would be executed and would be stamped and registered as per the applicable laws.

7. At the time of the advertisements and representations made through various mediums, the Accused had promised to the Complainants and all other flat purchasers that the project would be completed in a span of 3 years and that the flats would be handed over to the flat purchasers.

8. Based on the above advertisements and representations, the Complainants enquired about purchasing a flat in the said project. Negotiations ensued between the Complainants and Accused and its representatives for the purchase of flats and based on the negotiations and representations made to the Complainants, the Complainants agreed to purchase a flat, which is the subject matter of the instant complaint. Complainants herein agreed to purchase a flat for various dimensions as to suit their requirements and that the purchase price was fixed for the flat at the time of allotment. At this time also, it was represented that the project would consist of 2 level basement, ground stilt, 11 level of podium, 1 level of E – Deck and 30 upper floors, will all modern amenities including car parking.

9. Around the year 2012, the Complainants herein agreed to purchase a flat in the project. At the time of allotment, it was represented that a detailed agreement for sale would be entered into, under the provisions of Maharashtra Ownership of Flats, Act, 1963(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

10. In pursuance of the same, a registered Agreement for Sale dated 23^rd July,2012 was executed by the Accused in favour of the complainants in respect of the said flat. The agreement was registered on 2^nd August,2012 bearing no. BDR- 7079-2012. The agreement for sale has been annexed alongwith this complaint at Annexure B.

11. Believing the representations and assurances, made by the Accused to timely complete the project and hand over possession to be true and correct, the Complainants complied with their part of the obligation by making payments to the extent of 75% of the sale price being a sum of Rs. 1,14,13,263/- (Rupees One Crore Fourteen Lacs Thirteen Thousand Two Hundred and Sixty Three ) out of the total consideration of Rs. 1,49,56,686/- (Rupees One Crore Forty Nine Lacs Fifty Six Thousand Six Hundred Eight Six) as the Accused lured them to pay the entire consideration under some scheme were they were offered discounts. The Annexure 'C' hereto being the payment receipts clearly exhibit the exact amounts paid to the Accused. The Accused have accepted the amounts and acknowledged the same and have also sent a payment plan which enlists in detail the amounts received by the Accused till date. Hereto annexed and marked as Annexure – D is the Copy of the Payment Plan.

12. Complainants state that at the time of the booking of the said flats, the Accused represented that that the entire Project was approved and all necessary plans, sanctions and approvals have been procured and the same has already been verified by all Banks.

13. In the meanwhile, the Complainants continued to orally correspond with the Accused as to the status of construction and the handing over the flat, however the Complainants were at all material times represented that all the hurdles and impediments would be cleared in the project and that the project construction would soon start. Based on these assurances, the Complainants bonafidely waited for the project to be completed and the flats to be handed over. Throughout this period the Complainants corresponded with the Accused.

14. The work at site of the Accused stopped suddenly in the year 2016 and that the same never started thereafter despite there being a lapse of more than 1 year and hence the Complainants were constrained to personally visited the office of Accused to enquire about the status of construction and the reason of sudden stoppage of the work, and it was informed by the representatives of the Accused that the work had stopped due to a change in the Development Control Regulations and that the same would start within 3-4 months. It was once again assured by Accused and its representatives that the project shall be completed and the possession would be handed over soon. Based on these assurances, the Complainants agreed to wait for Accused to comply with its obligations under the registered agreement for sale.

15. Complainants continued to correspond with the representatives of the Accused, who continued to assure that the project would soon start and that they were working towards clearing the project and handing over the flats soon. Complainants continued to wait for Accused to comply with the Registered Agreement for sale of the Flat. The Complainants and their representatives personally visited Accused’s office several times between 2013-2017 enquiring about the status of the project.

16. Despite of several assurances which were false, the intention of the Accused was very clear and they have deceived the Complainants by pocketing more than one crore and fifty lacs of these Complainants, however there are many more flat purchasers more than 111 flat purchasers who are stuck in the project by fraudulent practice. It is submitted that the other flat purchasers have lodged a complaint with the EOW thereby stating that the Accused have duped various flat purchasers of more than 120 crores. In furtherance of the same the EOW has lodged an FIR dated 31^st May,2017 and have also recorded a statement to that effect. Hereto annexed and marked as Annexure – A and E are the Copies of the FIR dated 31^st May,2017 and Copy of the Statement dated 31^st May,2017.

17. Complainants state that being deeply aggrieved by the fraudulent acts and deception played by the accused persons against him thereby depriving him of his valuable money, that this Complaint is sought to be filed in addition to the Complaint already filed by other flat purchasers.

18. Complainants state that it was due to the false representations from inception by the Accused Nos. 2, 3 and 4 that the Complainants were induced to invest in the said project and buy the said Flat. Complainant states that the accused nos. 2, 3 and 4 with ulterior intentions made false representations as mentioned hereinabove to deceive, cheat the Complainants and other innocent buyers, and thereby induced the complainants to part with their hard earned money and also caused them loss of their property, which is evident from the FIR lodged against the accused. It is submitted that the Accused have not only cheated the flat purchasers in this project but in several other projects like RNA Palazzo, RNA Address, RNA Imperial, RNA Metropolis and many more and FIRs have also been lodged in RNA Palazzo project. The Accused are involved in fraudulently duping innocent flat purchasers in various projects to the tune of more than 500 crores.

19. That by the above said acts, the accused persons in furtherance to their criminal conspiracy and common intentions have committed cheating, criminal breach of trust, misappropriation of funds, and dishonestly misappropriated the hard earned money of the complainants to their own personal use and wrongful gains and have caused wrongful loss to the complainant. Also, the accused persons have deceived the complainants of their person and property and have cheated the complainants with knowledge that wrongful loss would ensue to the complainants.

20. Complainants state that the above said acts, behavior, facts and circumstances make it abundantly clear that the accused persons in active criminal conspiracy with each other have duped, defrauded the complainant by false assurances, allurements, promises and had dishonest intentions since inception and as such have committed various offences punishable under the Indian Penal Code, 1860 and other relevant laws of the country.

21. That it is submitted that the offence involved in the instant Complaint are of serious and cognizable nature. It is submitted that the allegations made being not simple in nature and further considering the fact that accused is enjoying the fruits of his own wrong by not repaying high amounts paid by the Complainants and further also considering the fact that the Accused persons in the matter being highly influential and there may be complicity of some more accused in the instant matter, it will be in the interest if the FIR is registered under the provisions of the of the Criminal Procedure Code for investigating the matter upon registration of the appropriate offences.

22. We on behalf of the Complainants and in view of the above, serious prejudice and loss is caused to our clients. You are therefore requested to register a case (FIR) against all the Accused Persons under section u/s 34, 120 B, 403, 405, 415, 420, 425, 464, 465, 468, 477 A of The Indian Penal Code and necessary investigation be carried out to punish the offenders as the accused, with a common intentions have deprived our clients from their legitimate rights. Our Clients, hereby request you to immediately register an FIR and arrest the accused and take cognizance of the massive fraud, cheating and breach of trust which has been played upon by the Accused with the Complainants.

Yours truly;

Advocates for the Complainants

For M /s. SOLICIS LEX

CC:

The Commissioner of Police

Crawford Market,

Mumbai 400001

Postscript: Of late, RNA Corp has been in the news for failure to fulfill legal obligations to various stakeholders, including flat-buyers, project-affected-persons, lending banks, and multiple government agencies such as MCGM and MMRDA. After years or even decades of slippery behaviour by the late Anil Aggarwal and his sons Anubhav and Gokul, the patience of many stakeholders appears to have run out completely.

ISSUED IN PUBLIC INTEREST BY

Sulaiman Bhimani

9323642081

sulaimanbhimani11@gmail.com

Links of articles related to RNA Corp. Misdeeds

1) RNA Corp teaches Exotic Arithmetic to Axis Bank! "One-two-ka-four, four-two-ka-one, my name is Lakhan" http://wakeupindia-designer.blogspot.com/2016/06/rna-corp-teaches-exoticarithmentic-to.html

2) Press Release: Slippages & Shrinkages in RNA Exotica, Oshiwara RNA Corp. is popular and infamous for Art of Lying and Art of Selling Non Existing Floors in the air (Hawa Mahal) http://wakeupindia-designer.blogspot.com/2016/06/press-release-slippages-shrinkages-in.html

3) RNA Builder dupes buyers of Rs 15 cr with fake 33-storey building plan http://wakeupindia-designer.blogspot.com/2016/03/rna-builder-dupes-buyers-of-rs-15-cr.html

4) RNA Developers does not care about demolition order? BMC admits SRA fraud in July 2008, to cancel Bandra project but no action till date against RNA Corp. http://wakeupindia-designer.blogspot.com/2016/03/rna-developers-does-not-cares-about.html

5) RNA Corp. builder converts SoBo bungalow into 13-floor bldg under govt’s nose (worth Rs 500 crore in 1992) http://wakeupindia-designer.blogspot.com/2016/03/the-administrator-general-and-official.html

6) HC pulls up AA Estate Pvt Ltd arm of RNA Corp. builder for delay in reconstruction of collapsed building http://wakeupindia-designer.blogspot.com/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

7) Revoke / Cancel Environmental Clearance Granted to RNA Exotica Skyline construction for Violations and Criminal Misrepresentation http://wakeupindia-designer.blogspot.com/2016/03/revoke-cancel-environmental-clearance.html

8) NRI Couple Cheated by RNA Builders in RNA Regal Project Kandivali http://wakeupindia-designer.blogspot.com/2016/03/nri-couple-cheated-by-rna-builders-in.html

9) Roadside Meeting of RNA Corp.Builders' Victims held near Versova, Andheri West http://wakeupindia-designer.blogspot.com/2016/02/roadside-meeting-of-rna-corpbuilders.html

10) Is RNA Corp using a Cheat-Code, or is the company bankrupt? http://wakeupindia-designer.blogspot.com/2016/02/is-rna-corp-using-cheat-code-or-is.html

11) RNA Fails to repay loan and rent to flat owners in redevelopment project but has money to pay full page add in all the leading news paper to appease Chief Minster Devendra Fadnavis http://wakeupindia-designer.blogspot.com/2016/02/rna-fails-to-repay-loan-and-rent-to.html

12) RNA CORP takes CM Devendra Fadnavis for a royal ride CM does Bhumi Poojan on illegally grabbed Govt Plot by RNA, STOP WORK NOTICE ISSUED BY COLLECTOR WHEN THE SCAM WAS EXPOSED http://wakeupindia-designer.blogspot.com/2016/02/rna-corp-takes-cm-devendra-fadnavis-for.html

13) RNA CORP Scores one more Sixer this time it is Bank of India Andheri West Branch http://wakeupindia-designer.blogspot.com/2016/02/rna-corp-scores-one-more-sixer-this.html

14) RNA Corp Dupes State Bank Of India CM Devendra Fadnavis clarification awaited on going for Bhoomi Pujan of Illegally Grabbed Plot BY RNA http://wakeupindia-designer.blogspot.com/2016/02/rna-corp-dupes-state-bank-of-india-cm.html

15) Criminal Case Filed against Anubhav Agarwal of RNA CORP. By Bank Of India In Andheri Magistrate Court Under Section 138 http://wakeupindia-designer.blogspot.com/2016/02/criminal-case-filed-against-anubhav.html

16) RNA Corp.s STRESSED ASSETS Choose to default Govt Bank BOI & SBI only and spared pvt banks and corporate which I find unusual http://wakeupindia-designer.blogspot.com/2016/02/rna-corp-choose-to-default-govt-bank.html

Posted 5th March 2016 by Sulaiman Bhimani