Mumbai: A case was filed against two individuals, Pronit Nath and Amisha Nath, for allegedly cheating. Samir Kochhar filed the case, alleging that the individuals, under the guise of selling flats, cheated him of ₹58.50 lakhs and also cheated his friend, Varun Bangera, of ₹44.66 lakhs. The case was filed under sections 409 (criminal breach of trust), 420 (cheating and dishonesty), and 120 (B) (criminal conspiracy) of the Indian Penal Code at Andheri police station on October 21, 2023.
According to the FIR, Samir Kochhar is a businessman residing in JVPD, Andheri West, with his wife Radhika Kochhar. The Kochhar couple and their friend Varun Bangera were searching for properties in December 2020. They learned that Pronit Nath and Amisha Nath were planning to build a four-floor building in Pali Village in Bandra West, and later sell it. The Kochar couple and Varun Bangera visited the site, which was then empty land, and met Pronit Nath. Pronit Nath told them they would build a building and sell it, showing them a building map. The Kochar couple decided to purchase a flat on the 3rd floor of 660 Sq Ft, and Bangera decided to purchase a flat on the 4th floor of 750 Sq Ft.
Pronit claims no loan on the land
Subsequently, they had a meeting, and Pronit mentioned that there was no loan on the land, and the title was clear. The price for the Kochhar's flat was finalized at ₹1.95 crore, with a token amount of ₹11 lakhs. Kochhar issued a cheque from HDFC Bank for the same amount on December 9, 2020. The Bangeras had given a cheque of ₹19.85 lakhs in August 2020 as a token amount.
Later, the Kochhar couple and Bangera discovered that there was a loan on the property, and Nath had mortgaged the land with a financial company. They met Nath and inquired about it. The Nath couple assured them that the flats would be sold to them after clearing the mortgage and requested to sign a Memorandum of Understanding (MoU), which they did on March 30, 2021. According to the MoU, 30% of the amount would be paid immediately, and the remaining amount would be paid after clearing the title. Kochar paid ₹18.25 lakhs by cheque on April 4, 2021, and Bangera also issued cheques of ₹12.40 lakhs on the same date.
Subsequently, Kochhar and Bangera frequently inquired about the building construction process. On June 3, 2022, Nath informed them that the construction would be completed within three months, and the occupation certificate would be received.
Complaint claimed Nath used their money to clear loan
Suddenly, on June 23, 2023, Nath informed Kochhar and Bangera through WhatsApp messages that they no longer wanted to sell the property and intended to keep it for themselves. The Kochhar couple and Bangera were shocked. The complaint claimed that Nath used their money to clear the loan and deceived them. When Kochar asked Nath about it, Nath sent them a legal notice in May 2023. Kochar also replied, but Nath did not respond further.
The FIR was filed after Nath, through his lawyers, communicated in the high court that he had already entered into an MOU to sell the property to somebody else. Kochhar had approached the HC through his lawyer Prarek Choudhary seeking directions to Nath to implement the MOU. Justice Kamal Khata, on July 26, restrained Nath from selling the flat to a third party.
Nath challenged this before a division bench of the HC. The bench headed by Chief Justice DK Upadhyaya, on October 5, refused to “interfere” with the single judge’s order which restrained Nath from alienating the disputed flat.
