Bombay HC seals builders’ conviction for double-selling same flat

The Bombay high court has upheld the conviction handed down to Vinay Mehta and Nitin Mehta of Anamika Real Estate Pvt Ltd for cheating a home buyer by double-selling a flat.

The sessions court had sentenced the duo to six months’ simple imprisonment and fined them Rs5,000 each. It also directed the firm to pay Rs 5,000 to the complainant, CM Lakhani.

In 1998, Lakhani met the Mehtas and decided to buy a flat in the under-construction Benzer Tower in Borivli (E) for Rs7.5 lakh. He paid Rs50,000 as the booking amount and the balance was to be paid as mentioned in the agreement signed on January 12, 1998.

When the project was not completed, in 2003, Lakhani checked with the sub-registrar of assurances office and found out that the duo had entered into an agreement with Annay and Nitin Kancholiya on June 20, 2000, for the same flat.

Advocate Mohan Tekawade, appearing for Lakhani, argued that the Mehtas deprived his client to be of his property and used the Rs50,000 for personal expenditure. The Mehtas argued that Lakhani neither paid the balance nor credited his demand notice so, they issued a final letter of cancellation of the agreement. They argued the case would amount to breach of contract and not cheating. 

But justice KU Chandiwal dismissed the Mehtas’ revision petition and directed them to surrender before the authorities concerned.