Mumbai: Builder arrested in cheating case over Santacruz project

The Economic Offences wing (EOW) of the Mumbai Police on Monday arrested builder Jitendra Jain of Kamlashri Builder and Kamla Landmarc Constructions in connection with a cheating case, which was registered after more than 30 apartment buyers moved the Bombay High Court two weeks ago.

According to a report in ETRealty.com, the case pertains to the incomplete 17-storey Shimmer building in Santacruz (west). The news report added that the HC has asked Jain, his brother Jinendra, father Ramesh and brother-in-law Ketan Shah to deposit their passports in court, and has also ordered them not to leave the country without prior permission.

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The ETRealty.com report added that last week, the HC directed the EOW to investigate the ‘fabricated commencement certificate (CC)' of the building. One of the flat purchasers, Rajeev Mathur, in his statement to the EOW, alleged that the builder had annexed a few flat sale agreements, a fabricated CC and failed to give possession of flats despite collecting more than Rs 60 crore from buyers since 2009. The builder has been accused of forgery under IPC and also double sale of some flats under the Maharashtra Ownership of Flats Act.

Hearing the case, Justice S J Kathawalla hit out at the Jain brothers for ‘cheating' buyers. The ETRealty.com went on to add that the HC observed there were three different CCs, one of which said permission was till the fifth floor, but had an overwritten ‘8' on it. Another document by building's architect B S Joshi said the CC was till stilt level. The documents were of the year 2010.

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The report also stated that the flat purchasers had moved HC through solicitor Priyahas Jani to appoint a receiver. The builder's counsel Raj Patel showed the court a "proposed plan'' by Kamlashri to complete the building. However, the HC termed it as something that "appears to be a mere eyewash and not acceptable to the flat purchasers.''

The ETRealty.com further said that a Dindoshi court, last year, had stayed demolition after the builder moved it against a civic stop work order, saying it had CC up to 17 floors.