Thankyou Suzanne and Lorna for a talk that heals many wounds, that lights up hope for those who feel lost and drained by the ways of the material world!
Light workers and God's messengers like you are truly needed the most in these times , which is one of the golden periods in the history of makind that we know so far.... so advanced, yet so materialistic, so digitally connected yet so lonely, so evidence based and scientific yet so sceptic when it comes to remembering our roots - the "I Am" consciousness!
A soothing balm of hope from Holy Angels and Archangels sending us the loving message - "Just hang in there, we are around you , guiding and protecting you with God's love and light!"
The Punishment for filing of False Affidavit in Court is mentioned in the following youtube educational video :
Until now, I refrained from sharing facts and evidence online, believing in the courts' justice procedures and administration. However, on 31/10/2023, the Ld. Judge has again granted me an unreasonably short deadline to file four transfer applications (in four connected matters arising out of two connected FIR against same Builder, pending before Ld. 9th Dindoshi Sessions Court) before higher courts despite mentioning that Courts go on Diwali vacations from 11/11/2023. These four connected matters are scheduled for orders on 22/11/2023, with no mention of our pending applications for passport seizure (filed since 09/06/2023) or the perjury application (filed on 19/10/2023) against the builder's false affidavits.
I requested the Ld. 9th Dindoshi Sessions Court judge to consider the upcoming Diwali vacation (11/11/2023 to 25/11/2023) and provide a date after this period, as I would otherwise have only 7-8 working days from 01/11/2023 to compile extensive documents in all four matters, file them, service them to all concerned parties, and secure any effective order from the higher court before Diwali vacations starting 11/11/2023.
Moreover, during my attempt to address these concerns in open court, I was asked to wait until the builder's counsel arrived at 13:00 hrs. Our matters were called just before the recess break, and the builder's counsel pointed out rectifications in the record for M.A. in Sessions 175/2021, that no arguments were conducted on 19/10/2023 and the same was rectified on records immediately. However, immediately after this mentioning by Builder's lawyer , I also mentioned the rectifications in Roznamas for ABA 1278/2021, ABA 1683/2021, and ABA 1694/2021 recorded wrongly on 19/10/2023, emphasizing that I never used the term "forgery" in the open court on 19/10/2023 (knowing well that forgery is prerogative of Police and not courts) and Instead, I tendered a Perjury application under Section 340 read with Section 195 of CRPC against Accused Builder, and also cited the precedent from the Bombay High Court in matter of The Union of India v/s Mr Harsh Milani, before any arguments were insisted by the Court to be started by counsel of Builder. However, sadly, these concerns went ignored and unaddressed, and I was also denied to be granted a later date than 22/11/2023.
This situation underscores the need for compulsory audio-video recordings of legal proceedings in Indian courts, a practice already followed in some states like Gujarat, Orissa, Rajasthan, and many developed countries. Such recordings would hold all parties, including judges and public prosecutors, accountable for following procedures and everyone's conduct will be on records, to verify if and when necessary. This reveals the challenges that victims like my family and I face in lower court proceedings, especially when the accused is an influential, well-connected builder.
In the ongoing legal proceedings in the lower courts, we, as victims, are facing an influential and well-connected builder as the accused. The builder has concealed crucial evidence in their anticipatory bail application, ABA No. 1278/2021, which is related to our criminal complaint filed under FIR No. 789/2021 against Shah Housecon Private Limited and their directors.
It's important to note that an anticipatory bail application is essentially an affidavit filed on oath by the applicant/s.
FIR No. 789/2021 is linked to one of the two flats, specifically Flat No. C-3103 at Kanakia Levels, which were allocated to our family as part of a larger deal that was concluded on April 4, 2011, between our family and the builder. This deal forms a significant part of our case.
Our family fell victim to a deceitful builder and their associates of SHAH HOUSECON PRIVATE LIMITED MALAD EAST.
In 2011, they laid a honey trap for my parents after a successful first deal in 2006 to sell us two flats in one of their older projects at Shah Arcade II, Malad East. They later sold these two old flats which were in our peaceful possession in 2011 to buyers brought by them by alluring my family to offer Three New Flats admeasuring 4720 square feet built up area in their newly launched posh highrise project Shah Presidency in 2011. Since experience of first deal done with them through a family friend Mr Umesh Damji Dedhia was smooth and since parents were happy that they could assign one flat to each child to safeguard the future of their three children, my family got carried away that this offer was genuine and sold off the Two old Flats and deposited a huge amount received from sale of those two flats with the Builder since 2011 , as per Builder's offer.
Even though the builder denies any significant involvement in selling of the two old flats, the documentary evidence provided to Police reveals that the employees of Builder (holding significant designations in the company of the Builder such as their Power of Attorney holder and Accountant) have laid their hands on the registered sale agreements of same two old flats that were sold off to the buyers in 2011. Thus, the staff of Builder holding key office designations have signed as witnesses in the sale agreements of the two old flats , using the same address as the builder's old office. This is clearly mentioned in Police Report dated 19/10/2023 submitted before Ld. 9th Dindoshi Sessions Court and implicates that the builder is involved in selling our flats that were in our possession in 2011 as opposed to their false statements implying that they were not involved in those deals.
Forward going, instead of promised three flats, the Builder only allotted two flats in their project after joint venture with Kanakia Builder in 2012 promising my Father to provide third flat later ( which never happened). And Out of two Flats allotted to us by the Builder (instead of promised Three Flats) the Builder has sold off one out of those Two Flats (i.e., Flat No. C-3103 at LEVELS which is now Kanakia Levels Malad East), to another third party without our knowledge and consent. Moreover Builder has also committed fraud and forgery in the only single Flat registered in our family name (i.e. Flat No. C-3106 at LEVELS ) as explained below.
FIRST DISCUSSING THE FRAUD IN FLAT NO. C-3103 AT LEVELS, AND FOR THE SAKE OF BREVITY ANNEXING ONLY THE STRIKING EVIDENCES BELOW DESPITE MANY MORE EVIDENCES AGAINST THE ACCUSED CRIMINALS ARE AVAILABLE ON RECORDS AND PROVIDED TO POLICE:
The undated allotment letter for Flat No. C-3103 on the 31st floor of the project known as "Levels" (now Kanakia Levels), jointly in the names of my younger brother, Capt. Parthik Fadia, and my father, Mr. Deepak Fadia, establishes that the builder allocated this flat to our Fadia family for a consideration of INR 1,27,08,000/- (One Crore Twenty Seven Lakh Eight Thousand Rupees only)
This undated allotment letter strongly suggests that the builder had malicious intentions from the outset. It raises concerns about the transparency and integrity of the allocation process. Please find below a copy of the undated allotment letter for reference
ATTACHED BELOW IS COPY OF UNDATED ALLOTTMENT LETTER:
The next piece of evidence is a demand letter dated 09/12/2014, addressed to my family for flat C-3103 at Levels. This document conclusively establishes that the flat was registered under my family's name in 2014.
Furthermore, this crucial piece of evidence was intentionally concealed by Builder Shah Housecon Private Limited in their anticipatory bail application, ABA 1278/2021, which is currently pending before the 9th Dindoshi Sessions Court.
Below, you can find the demand letter dated 09/12/2014 for flat C-3103 at Levels.
The next piece of evidence relates to the allocation and sale of the same Flat No. C-3103 on the 31st floor of the Kanakia Levels project in August 2015 despite being alloted to us in 2014. Shah Housecon Private Limited sold this same flat to a third party namely Mr. and Mrs. Narendra Virumal Valecha on August 21, 2015, at a higher price of INR 1,51,35,000/- (One crore Fifty One Lakh Thirty Five Thousand Rupees) and issued Allotment letter dated 21/08/2015 for same Flat No. C-3103 at LEVELS to them. Importantly, this transaction occurred without informing or obtaining consent from our family.
Notably, this critical document of Allottment letter dated 21/08/2015 issued to third party Valechas by Builder, has been intentionally concealed by the builder in their application for anticipatory bail, A.B.A. No. 1278/2021 : attached below is the copy of this Allotment letter received through RTI Application made to the Police Station.
The next piece of evidence is from the registered sale agreement executed by the builder Ramji Shah of Shah Housecon Private Limited with the third party, Mr. and Mrs. Narendra Virumal Valechas for the same Flat No. C-3103 at LEVELS in 2017. A payment receipt signed by Builder Ramji Harakhchand Shah clearly demonstrates that Shah Housecon Private Limited began collecting payments from the third party Valechas for the same flat, C-3103 at Levels (now Kanakia Levels), as of 10th August 2015.
Below, you will find copies of relevant pages from the registered sale agreement, including the payment receipt and PAN card details of the involved parties in the transactions for flat C-3103 at Levels since August 2015.
It's important to note that the builder in their Anticipatory Bail Application has also intentionally concealed this entire sale agreement for same Flat C-3103 at LEVELS that was executed and registered by them with the third party Valechas
In the next evidence, it's clear that the Fraud Builder, Shah Housecon Private Limited, concealed the fact that they established illegal third-party rights in Flat No. C-3103 at Kanakia Levels, even though we had previously purchased it and was allotted to us. To maintain this deception and continue extracting money from us, the builder sent us Demand letter and Notice in January and April 2016 respectively, all while they had already sold the same flat to a third party Mr and Mrs Valecha in August 2015.
Below, you'll find copies of a Demand letter dated 12/01/2016 and a Cancellation notice dated 12/04/2016, both related to Flat No. C-3103 at Kanakia Levels.
It's crucial to note that these documents were issued despite the flat's prior sale to a third party in August 2015 and collecting payments for the same Flat by Builder since 10/08/2015.
In 2017, the builder, Ramji Harakhchand Shah, refused to register Flat No. C-3103 and agreed to register only Flat No. C-3106 under the condition of an additional payment of 8 lakh rupees. This was despite not providing proper accounts for the 1.57 crores collected since 2011. The builder cited a mortgage of Flat No. C-3103 at LEVELS with some bank as the reason for not registering Flat C-3103 in my family's name, promising and assuring to later register the other flats sold to us as per Deal of 2011.
In 2018, Shah Housecon Private Limited misled our family by indicating that Flat No. C-3103 was still allotted in our family's names. A statement provided for Flat No. C-3106 from April 2015 to March 2018 included the name of my younger brother, Mr. Parthik Fadia, next to Flat No. C-3103 at LEVELS suggesting that it was still allotted in our family's name as of 2018.
A copy of the statement for Flat No. C-3106 deliberately indicated the continued allocation of Flat No. C-3103 in the name of Parthik Fadia, attached below:
Moreover, the demand letters sent to our family for Flat No. C-3103 and Flat No. C-3106 between 09/12/2014 and 12/01/2016 are incredibly confusing and illogical. For instance, on 9/12/2014, the builder demanded the exact same amount of 25 lakhs rupees for each flat, despite their different area configurations and cost calculated as Rupees per square foot area. In subsequent demand letters dated 18/03/2015, the builder demanded nearly double the amount demanded just three months back on 09/12/2014, i.e. double of 25 lakhs = approximately 50 lakhs rupees for each flat, and strangely the demand amount doubled within span of three months for the completion of the same 15th-floor slab. The next demand letter dated 09/04/2015 reiterated the same demand with additional interest charged at 16% per annum. (Despite demanding 16% interest per annum from us on records, Builder denies promising us any 18%pa interest at quarterly intervals on our money deposited with him since 2011, for project that never started till 2013)
However, in the demand letter sent on 12/01/2016 for the completion of the higher 25th-floor slab, the amount demanded is substantially reduced to approximately 25 lakhs rupees again, despite being higher than 15th Slab. These facts visible on documents shows that there is a prima facie case of Fraud that needs investigation.
These evidences are so are so direct and the Builder have seen me arguing in the Court with such precision that the Builder's Lawyers/Counsels don't want me to be heard by the Judges so they can easily confuse the Judge to extract favourable reliefs of Anticipatory Bail. Once an Anticipatory bail is granted , it is extremely difficult to get it canceled in the courts of law as mentioned by the Judge HHJ Shri S.U Baghele in his Order dated 07/08/2021 passed in Bail Cancellation Application M.A. 90/2020 in ABA 532 of 2020 extracted by same Builder in preceding FIR No. 307/2020 , based on false Affidavits and false grounds!
We possessed valid home loan sanction letters exceeding amount of One crore Rupees issued by well-known National Banks such as IDBI Bank, SBI Bank, and HDFC Bank in 2014, 2016, and 2018. These documents demonstrate our commitment to making the builder's balance payment, as per the 2011 agreement, provided they gave us proper accounts of 1.57 crores collected by them since 2011. However, the builder continuously kept killing time and delayed the process, exploiting us with the fact that we had deposited a substantial amount of Seventy lakh Rupees in cash with them without collateral in 2011. They don't have a single evidence on record for providing us any Ledger statement of the amount of 1.57 crores (or even for the self admitted amount of approx 1.44 crores) collected by them from my family since 2011 for a project that did not even start till April 2013
The Builder also resorted to using diplomatic threats earlier, eventually escalating to explicit threats of harm to lives of women and grand children in family conveyed to my Father after they sent us illegal cancellation notices on 12/04/2016 and we visited their office on 01/06/2016 to contest illegal cancellation notices. In fact, because of collected digital evidences of our meeting with Builder on 01/06/2016, the Builder has got me framed through his unholy nexus to have some records against me in the Court of law.
This pattern suggests that the builder manipulated our family and did not maintain proper accounts of the money invested since 2011. They took advantage of our trust, depositing a substantial amount of 70 lakhs rupees without collateral, delaying the project, and threatening us.
This evidence strongly indicates the need for a thorough investigation. Unfortunately, lower courts have continued to grant interim relief to the builder without hearing the victims.
Furthermore, the evidentiary documents reveal that the builder sold the same flat to multiple buyers, including a third party in 2015, while still sending us demand letters and notices for the same flat. These facts have been suppressed by the builder in their anticipatory bail application (No. 1278 of 2021).
In addition to these pieces of evidence, there are other documented instances of criminal records and legal issues involving the builder, including FIRs, arrest warrants, and allegations of land grabbing and financial fraud. These actions show that the builder is a habitual offender.
The evidence related to Flat No. C-3103 and many criminal records have been with the police since August 2021. However, the prosecution has allowed the builder to continue enjoying the interim relief indefinitely through a non-speaking order issued by Ld. 9th Dindoshi Sessions Court since 2nd September 2021. This situation highlights the need for a comprehensive investigation into these troubling matters.
SECOND FACT
Discussion of Fraud, Forgery, Violations of MOFA, MPID ACT etc in Builder's Registration of Single Flat (C-3106)
My late Father Mr Deepak Fadia, was forced to tolerate builder's diplomatic threats of not honoring the deal and harming children and women of family if Father don't keep paying them money despite their deceitful actions, as explained here.
The police, possess evidence from bank records and the reply letters dated 09/08/2021 and reply letter dated 14/10/2021 from the Builder Ramji Harakhchamd Shah of Shah Housecon Private Limited (SHPL) Malad East, wherein the Builder have self-admittedly confirmed that a sum of 15 lakhs rupees was collected by them which was transferred from the Bank account of our elder brother Mr Jignesh Fadia into the personal bank account of Mr. Mansukh Harakhchand Shah (brother of Ramji H. Shah who is one of the Directors of SHPL) in 2011. This fact was disclosed in the police report dated 19/10/2023 submitted before court in ABA No. 1278/2021 (filed by Builder concerning the flat No. C-3103 at Levels sold off to a third party in August 2015)
The builder has clearly admitted in their reply letter dated 09/08/2021 (submitted to Police and also attached with their ABA No. 1278/2021), that they verbally promised my family in 2011 that the amount of 15 lakh rupees collected on 09/08/2011 in the personal Bank account of Mr Mansukh Harakhchand Shah would be adjusted against the flat of Mr Jignesh Fadia in future (In future, this Flat was allotted in joint names of my Mother Mrs Surekha Fadia and my elder brother Mr Jignesh Fadia as Flat No. C-3106 at Levels - now Kanakia Levels)
However, as per the evidence on records, the Builder has deliberately and intentionally omitted this amount of 15 Lakh Rupees to be accounted in the total paid amounts which is written by Builder's Accountant on the payment receipt attached in the registered sale agreement for Flat No. C-3106 at LEVELS. This is in absolute and complete violation of Section 5 of the then applicable MOFA Act.
Additionally, the payment receipt annexed with registered sale agreement for Flat No. C-3106 at LEVELS (now Kanakia Levels) also reveals white ink smudges and corrections, particularly where figures and words of the amount of total payment made by my family to the builder for Flat C-3106 at LEVELS are hand-written by Builder's staff. Despite being a registered document under The Registration Act , 1908, there are no counter signatures near these corrections by either the seller (Builders), the buyers (my family) or the Sub-Registrar
The conspicuous absence of accounting for the bank-transferred 15 lakh rupees (despite admitting such verbal agreements made by Builder to our family in their own reply letter dated 09/08/2021 submitted to the Police and before the Courts), and the unverified white ink corrections suggest misappropriation of funds and manipulation of our payments done to the Builder since 2011. These white ink corrections lack countersignatures from all involved parties on a duly registered document, which amounts to a serious offense of forgery.
Below is a color copy of the payment receipt annexed in the registered sale agreement for Flat No. C-3106 at Levels
In a letter dated 09/08/2021 and another letter submitted to Police in October 2021, the Builder have themselves also admitted to atleast collecting INR 1,44,28,000/- from us in 2011 for selling Flats to us in their then launched project named Shah Presidency. This project never materialized until 2013, yet the builder enjoyed the entire collected amount without paying any interest to my family, thus violating the Maharashtra Protection of Interest of Depositors Act, 1999.
Shah Presidency was later renamed as Levels after a joint venture with Kanakia Builders in September 2012, and its plinth-digging / construction work began only in March or April 2013. This means the builder collected over 50% earnest money in 2011 but never registered written agreements for any flat. This action is also illegal under mandatory Section 4 of the then applicable MOFA (Maharashtra Ownership of Flats Act).
The builder's refusal to execute written agreements and their evasion of accountability for the money deposited with them since 2011 had left our family unable to access and get the sanctioned loan amounts disbursed to Builder from reputed national banks. Their actions are a blatant violation of the law and our rights.
The complaint letter regarding these offences committed by same Builder in this Flat No. C-3106 at LEVELS (now Kanakia Levels) was submitted on behalf of my senior citizen mother (as she is joint owner of this Flat) to Police in December 2022. This complaint letter has been transferred along with our other criminal complaints to the new Investigation Officer since Jan-February 2023. On 21/02/2023, The Additional Commissioner of Police North Region, Mumbai having perused evidences of Flat No. C-3106 , confirmed it to be case of fraud and forgery and assured that cognizance will be taken within seven days. Today on 03/11/2023, we still await any action despite glaring evidences of offences committed by the influential Builder and being already reported on Police Reports dated 19/10/2023 submitted before court in ABA 1278/2021 in FIR 789/2021.
My journey into law came too late, and the consequences have been dire. The revelations from recent police reports, submitted on 19/10/2023, stemming from FIR complaints transferred for re-investigation in January 2023, demonstrates a clear foolproof picture about the offences committed by the Builder . These documents provide undeniable evidence of criminal breach of trust, conspiracy, fraud, forgery, cheating, and criminal intimidation through threat calls.
I deeply regret not studying law earlier, as it might have saved my father's life, and saved the peace, happiness, harmony and progress in my and my 68 year old senior citizen mother's lives saving us from the current immense mental pain , agony, distress we are enduring since 2011 and even now shaving our heads bald just before the festive seasons, due to open injustice being carried out in lower courts despite these strong evidences and police reports dated 19/10/2023 revealing and exposing the builder's malicious intent from beginning of 2011.
On 16/11/2022, builder's car, with daughter of Builder being seated inside the car, tried to harm me outside the court's main gate and then on asking its driver for the reasons to do so, the driver threatened me with life. The same employee of Builder was also present during the 27/06/2020 incident wherein I and my mother were brutally injured, our modesty outraged at office of Builder. However, On 15 December 2022, when I mentioned this fact to the Judge HHJ Shri A.Z. Khan of Ld. 9th Dindoshi Sessions Court that our lives are in danger after direct attack on me by Builder's car outside maingate of same court, the Judge questioned me sarcastically about the connection between the attack on me and the Builder's anticipatory bail application! I was shocked!
This was because, I am the attorney for my younger brother, the original complainant of FIR 789/2021. However, this technical approach neglects my role as the legal heir of my father, a joint owner of the defrauded flat, and the broader pursuit of justice.
In December 2022, I approached the principal judge, Shri A. Subramaniam, at the Greater Bombay Sessions Court due to my loss of faith in the 9th Dindoshi Sessions Court. The judge refused an urgent hearing and passed an arbitrary order, stating that nothing was urgent since the matter had been pending since 2021
Despite the investigation officer's clear findings in police reports dated 19/10/2023, which highlights the Builder's concealment of crucial information from the police and the court, potentially constituting perjury (U/S 191) and punishable under Section 193 of the Indian Penal Code, and despite Police stating that the accused builders are uncooperative in investigation, The habitual offender Builder continues to be heard and receive favors from the Sessions Courts.
Regrettably, the lower courts have repeatedly offered negative remarks to me and shown a lack of interest in acknowledging the facts presented. For instance, in December 2022, when I brought up the issues of safety to our lives and that Police was not taking cognizance of life threatening attack on me done by Builder's car on 16/11/2022 right outside the Temple of Justice in broad daylight (despite the fact that this incident was also captured in government surveillance cameras) , before the LD. 9th Dindoshi Sessions Court HHJ, my concerns were dismissed saying that I am trying to obstruct the administration of justice!
Both the LD. Dindoshi Sessions Court and the Principal Judge of LD. Greater Bombay Sessions Court consistently seem to favor the accused builders, despite the presentation of compelling evidence of the serious offenses committed by Builder against us , the police as well as the courts.
Moreover, these courts have failed to initiate suo-motu proceedings for perjury against the builder under U/S 340 R/W 195 of the Criminal Procedure Code or contempt of court proceedings for submitting false affidavits and obtaining interim reliefs based on false grounds since September 2021. This obstruction in the process of investigation against public justice hampers the administration of justice.
The above evidences of Fraud is one thing, but the audacity of this Builder to try and exploit me since 2014 due to his dominant position of possessing huge amounts of cash money of my family since 2011, to later molest me in 2016, and thereafter again trample the dignity of myself amd my mother on 27/06/2020 and not stopping there... but becoming responsible for legal murder of my Father in Hospital under the guise of Covid protocols, despite me being a Covid care physician (to break my spine of confronting his ghastly act of 27/06/2020 registered by me as FIR No. 307/2020 against him and his men), is what I am continuing to stand up against and fight for our rights, our dignity!
These Demons, having no shame or regret about their heinous acts, who think they can do anything because they keep the politicians, the goondas and even keep the law in their pockets is what I refuse to tolerate because Tolerating injustice is a greater sin !!!!!
YOUTUBE LINKS TO OTHER EXPERIENCES OF OPPRESSION FACED BY US IN PAST INCLUDING REFUSAL OF POLICE STATION TO TAKE COGNIZANCE OF A LIFE-THREATENING ATTACK ON ME OUTSIDE THE MAINGATE OF DINDOSHI SESSIONS COURT ON 16/11/2022
To be continued........
I ASK EVERY CITIZEN OF INDIA
IF WHAT WE WOMEN ARE FACING IN THE COURTS TODAY IS WHAT WE WANT TO SEE OUR CHILDREN FACING IN THE FUTURE VERSION OF INDIA!!!
This is the sad story of continuing INJUSTICE with The TWO WOMEN from MUMBAI in India out of whom the mother is a 68 year old senior citizen (my mother) and the daughter is an educated MD Dermatologist who is now studying law (myself).
The immense oppression and injustice faced by us is not only from the dirty acts of a habitual criminal Builder Mr Ramji Harakhchand Shah, Mr Mansukh Harakhchand Shah, Mr Dipesh Dhanji Shah, Mr Umesh Damji Dedhia, Mr Pankaj Nanji Gada, Mr Gaurav Padamshi Khirani, Mr Hiren Premji Savla from Ms Shah & Jain Constructions / Shah Housecon Private Limited, Malad East Mumbai but very shockingly we are facing oppression also from the various Officers of the Law, Order and Judiciary responsible for doing justice with the victims!
Hence we TWO WOMEN ARE SHAVING OUR HEADS CLEAN BALD just few days before Diwali 2023 with an extremely heavy heart as we find no other way to deal with the immense pain, mental agony and anguish for repeated incidents of irreparable injury to our fundamental rights as victims and fundamental rights in a democracy such as India, as promised by the Constitution of India to its every citizen to live a life of dignity, peace, harmony, health and well-being! This injury to our fundamental rights is done openly by the Lower Court Judges repeatedly since 2020 despite being informed that the habitual offender Builder has not only defrauded us , defrauded the Police as well as other third parties including government bodies but also playing fraud upon the courts by filing false affidavits before the Courts which are Temples of Justice! We cannot tolerate this anymore hence this grave step !
Brief facts of fraud : My parents purchased Two Flats from this Builder through mediation of family friend Mr Umesh Damji Dedhia in 2006. It was smooth deal and all verbal agreements were fulfilled along with a waiver of small amount of interest that accrued on few last instalments of payments. Hence in 2011, the mediator Mr Umesh Damji Dedhia again gets the second proposal on behalf of Shah Housecon Pvt Ltd to my parents to sell off the two old flats to new buyers brought by the Builder at a profitably higher price and in lieu of depositing that entire amount (received from the sale of the two old flats that were in our peaceful possession at that time) with Builder, they offered us three Flats at a profitably lower price at 20th and above floor in a posh high rise tower with luxurious amenities and two car parkings each flat. This was a honey trap to induce my parents (who were continuously reminded about smooth first deal and the waiver of meagre interest on some late instalments regarding first deal of 2006 to emotionally blackmail parents about gentleman image of builder) into selling our two old flats and the mediator Mr Umesh Damji Dedhia being family friend took complete guarantee of the Builder's offer. Hence my parents agreed to sell off our two old flats in our peaceful possession to the buyers brought by the Builder and deposited a good 1.57 crores rupees with the Builder for being allotted three Flats in their project Shah Presidency in 2011. However, despite collecting more than 40% amount as earnest money, the Builders never executed registered Agreement as per the mandatory section 4 of the then applicable MOFA Act. And this project never even started till 2013, however the Builder has not paid any interest to our family as per the applicable MPID Act. Later the Builder did joint venture with Kanakia Builder in September 2012, and the entire layout and architecture of Shah Presidency was changed by Kanakia Builders and the erstwhile project Shah Presidency was renamed as LEVELS (now Kanakia Levels). Thereafter, out of the erstwhile allotted Three Flats in the project Shah Presidency in 2011, the Builder only allotted Two Flats to our family at renamed project LEVELS (now Kanakia Levels) giving frivolous excuses and disregarding the Deal made (to defraud us and collect huge amounts of money to the tune of 1.57 crores Rupees in cash and cheque in 2011) with my parents. They kept sending us illogical and confusing Demand letters on a few ocassions and whenever we would visit their office for understanding accounts they would refuse to meet us on some or other pretext thus killing time and also never provided us any ledger statement of accounts since 2011. My father was also threatened diplomatically since 2016 about lives of women and children in family while they travel to schools/markets and hence Father couldnt gather courage to seek legal help and wanted to solve the matter amicably with them!
Shockingly, out of the two flats that were alotted to us in LEVELS, the scamster Builder fraudulently sold off one flat to another third party in August 2015 and even after selling off this flat to third party the Builder has kept sending us the Demand letters and Notices of the same sold-off Flat to our family till 2016 - 2018, to keep us in the dark and keep extorting money from my Father who has again paid an amount of 8 lakh Rupees in 2017 and again another amount of 35 lakh Rupees to Builders in 2018-2019 under the promises made by them to register the Flats in our family name as per the Deal of 2011!
We learnt about this fraud of our one flat sold -off to third party behind our back, only in Mid- June 2020 and this was when my mother decided that she has to personally seek clarification of accounts from the Builder Mr Ramji Harakhchand Shah because the Builders had made my Father submissive by repeated threats of life. Hence me and my mother visited Office of Builder on 25/06/2020 as per appointment given by Builder Ramji Shah on 24//06/2020 to my mother on phone. However, the Builder again refused to meet us on 25/06/2020 as usual and instead called us back at his office on 27/06/2020.
We later learnt that, on 25/06/2020, after we left his office, the same Builder called up my Father over a phone call and threatened my Father that if me and my mother seek any accounts of money from him on 27/06/2020, he will show us his crooked ways and that he can even get me and my mother silenced in just two minutes as he knows all the BHAIs(Dons) of Mumbai. (This Call recording is with Police but Builder is not cooperating investigation). And on 27/06/2020, Builder refused to acknowledge any cash money of our family and then orchestrated the shameless incident of causing brutal injuries and outraging our modesty himself along with his staff/goondas at his office exactly as per the threat given to my Father on 25/06/2020.
All the strong irrefutable evidences of these offences committed by Accused Builder with us and our family by humiliating, abusing, threatening, then causing brutal injuries of fracture foot to my senior citizen mother, bleeding three dimensional cut inside my oral cavity and bruises on my body, pulling my hair, touching me inappropriately in the preplanned event, unreasonably imputing unchastity to my mother , outraging our modesty on 27/06/2020 (registered as first FIR) to cover up their preceding offences of criminal breach of trust, cheating, fraud, conspiracy, MOFA Act violations, MPID Act violations etc in the flat sold off to third party in 2015 (registered as second FIR) are in possession of the Police and now mentioned in the latest Police reports of these two FIRs, after herculean efforts.
The Police had filed first Bail cancellation Application against Builder in the first FIR (for outraging modesty /causing grievous injuries to us), when I brought to their notice that Builder had procured Anticipatory Bail on 07/07/2020 in the first FIR on totally false grounds of "no criminal antecedents" that was mentioned in Order dated 07/07/2020 passed by the Ld. 9th Dindoshi Sessions Court (passed in my manipulated absence) whereas there were many FIRs registered against him. Interestingly, the Ld. 9th Dindoshi Sessions Court Judge had heard the entire case of first FIR and passed an Order dated 07/08/2021 in first Bail Cancellation Application in first FIR, by allowing the Builder to continue Anticipatory Bail subject to certain fresh terms and conditions. However, the Builder did not comply these terms and conditions in its entirety and therefore a second Bail Cancellation Application was re-opened in first FIR by Police again as per the Order dated 07/08/2021 passed by the Judge of Ld. 9th Dindoshi Sessions Court.
This second Bail Cancellation Application was kept on board of the same Judge of Ld. 9th Dindoshi Sessions Court on 02/09/2021 when another matter for Anticipatory Bail Application, filed by same Builder apprehending arrest in the preliminary investigation of police for the complaint letter submitted for fraud in the sold-off flat (FIR was yet to be registered) was also kept for first hearing on same date before same Judge. Despite having heard the entire facts of first FIR in first week of August 2021, despite perusing extensive criminal records of many frauds done by same Builder during legal proceedings in first Bail Cancellation Application of first FIR, despite the fact that second Bail Cancellation was reopened against same Builder only because of the willful contempt of Court Order dated 07/08/2021 passed by the same Judge in first FIR which was also kept for hearing on same date as this Anticipatory Bail Application, SHOCKINGLY, a Non-speaking Order of Interim relief was smoothly granted by the same Ld. 9th Dindoshi Sessions Court Judge in this second Anticipatory Bail Application filed by Builder (w.r.t complaint letter of fraud in the sold-off flat).
And such non-speaking Interim relief Order was passed by Ld. 9th Dindoshi Sessions Court in contravention to the precedents laid down by The Hon'ble Supreme Court of India clearly stating that powers of interfering in investigation by granting reliefs to Accused in Anticipatory Bail Applications must be used with great caution and sparingly, and that the Interim reliefs granted to Accused ought be detailed with reasons as to why there was any need for interfering in the investigation procedure and protecting the Accused from arrest in non-bailable offences being investigated by the investigation agencies!
The Non-Speaking Order of Interim relief to Accused Builder was granted while me and my brother who are the original victims, and who were present in court premises since 12 noon on 02/09/2021, were also prevented to enter the court Building, despite making multiple requests to the Public prosecutor and Police Officers to be allowed to be heard by the Judge of Court Room No. 9 before passing Interim relief (we were stopped by security staff at the gate of Court building saying that it was done as per the orders of the Public prosecutor of Court Room No. 9). We, the Original complainants were not allowed to enter the court building to be heard by the Court despite Circulars from Higher courts such as The Ld. Greater Bombay Sessions Court and The Hon'ble High Court of Bombay to allow all the party-in-persons having their matters kept on board, to enter the court buildings across all courts of Mumbai since 03/08/2021 (revised mandate for lifting off the Covid restrictions) and this was in total gross and shameful violation of the democracy that India claims to be along with violation of fundamental rights and violation of natural principles of justice! And instead of initiating suo-motu proceedings against same Accused Builder for committing the criminal contempt of a recent Court order dated 07/08/2021 passed by the same Judge at 9th Court, a non-speaking Order of Interim relief was granted to the same habitual offender scamster landgrabber Builder in second Anticipatory Bail Application by the same Judge of 9th Court keeping us stranded outside the court building and not hearing us despite multiple requests sent to the Public Prosecutor of the court, the Police and officers of court through urgent despatches, emails, text messages, whatsapp messages!
Investigation has not even started since registration of both the FIR complaints, first FIR registered on 27/06/2020 and second FIR for Fraud registered on 16/11/2021 , because the Builder was smoothly granted Anticipatory Bail in first FIR on 07/07/2020 in my manipulated absence (I am the original Victim in first FIR for outraging modesty /grievious hurt) and again a Non-speaking Order for Interim relief was granted without hearing us on 02/09/2021 in second matter of fraud, these Orders were passed liniently by the same Judge at Ld. 9th Dindoshi Sessions Court and thereafter the Builders have not been co-operating in the investigation.
And the Builder has not only committed fraud in the flat that was sold off to third party in August 2015, but also committed more fraud in the single Flat that is registered by the Builder (out of total three as per Deal in 2011) in my Mom's name. The Builders have done conspicuous fraud and forgery, documentary evidences of which have been perused and confirmed by The Additional Commissioner of Police North Region as obvious case of fraud and forgery seen on records and hence, we were also assured by The Addl CP North Region on 21 February 2023 that Police will take cognizance of this complaint (filed by my senior citizen mother in December 2022) within 7 days and now it has been end of October 2023, we are still waiting for urgent necessary action from Police and justice from Courts!
The strong evidences of serious criminal offences committed by same Builders in many other cases and Orders passed by various Courts and Tribunals including Arrest Warrants and processes issued from Magistrate Courts against this Builder, later released on Bond and Bail Bond from such courts, repeated cheque bouncing criminal cases under Negotiable Instruments Act, fraud with Government bodies like Slum rehabilitation Authority Mumbai, Orders that show that the Builder is a willful defaulter in paying rents for alternate accomodation to the poor slum dwellers whose homes have been demolished by Builder since more than 10 years, Orders that show that the Builders are willful defaulters of local municipal corporation bodies such as P-North Ward at Brihan Mumbai Mahanagarpalika denying to pay Taxes running in crores of rupees, Orders that show that Builders have illegally sold off non-saleable SRA scheme Flats to ineligible / Apaatra individuals (third party candidates who dont belong to the slum societies that are developed by Builder under Slum Rehabilitation Scheme), Orders referring the criminal complaints against the same Builder to the Anticorruption Bureau of Mumbai for regsitering F.I.R. to investigate the offences of criminal conspiracy and landgrabbing with hand-in-gloves involvement of the unholy nexus in government departments , Orders showing that the Builder is involved in Multicrores Rupees scam committed with Financial organisations by mortgaging properties with Banks for loans of multicrores rupees and simultaneoulsy selling off such mortgaged properties to third party individuals/Flat buyers without necessary permissions and thereafter not paying up the multicrores rupees loan to the financial organisations, all these were unearthed by me in various State Departments since 2021 and have been provided to the police. Hence I was tried to be attacked and threatened to stop unearthing evidences against the Builder from various Departments.
That the car of Builder attacked me on 16/11/2022 outside Ld. Dindoshi Sessions Court because of our continued legal actions against him and this incident was captured in the CCTV Footage of government surveillance cameras, that clearly shows that Builder's car tried to run over me outside court premises while taking reverse turn when there was no reason to take reverse turn. Still, an FIR was not being registered by Police against the Builder and they have never been issued Arrest warrants for the repeated acts of trying to harms us despite having strong evidence against them. This is in complete contrast to the case of Actor Uorfi Javed who was simply sent life and rape threats on her whatsapp number in December 2022 by some stranger and the stranger was not only traced by Goregaon Police Station from his whatsapp message, but an FIR was also registered immediately and the stranger was even arrested. We have seen, felt and experienced SO much disparity and inequality in law that we are immensely agonised and suffering extreme mental anguish !!!!!!
Initially these threats were indirect and thereafter they became bolder to direct attacks done on us in broad daylight outside the premises of Sessions Court to show us and make us realise that we will not be heard by police / courts ever!
And despite the Police reports mentioning that the Builder has been misusing the liberty granted to them by Ld. 9th Dindoshi Sessions Court since 2020, through Anticipatory Bail in first FIR and the Interim-relief in second FIR , that the Builder has boldly used that freedom to threaten and attack me and my mother to stop us from participating in legal proceedings, however the Ld. 9th Dindoshi Sessions Court has never revoked their Anticipatory Bails and Interim relief - which are subject to only good conduct of Accused in criminal matters. And on bringing these incidences to the light of Ld. 9th Dindoshi Sessions Court in December 2022, instead of hearing my grievances, the Judge at Court Room No. 9 Dindoshi Sessions Court asked me in December 2022 "Why should I listen to you? You are not even the Original complainant in second FIR(fraud)! What is the relation between attack on you and the Anticipatory Bail Applications of Accused (Builder)?"
Hence I knew I am not getting justice there and immediately sought urgent hearing before Ld. Principal Judge HHJ Shri A. Subramaniam at Greater Bombay Sessions Court on 20/12/2022 for redressal of grievances and requested to stay the final hearings of these matters kept by Ld. 9th Dindoshi Sessions Court on 21/12/2022 so that my reasons for filing for the Transfer Applications of these matters from Ld. Dindoshi Sessions Court could be heard on merits and finally disposed off in the best interest of justice. Strangely, even the Ld. Principal Judge at Greater Bombay Sessions Court Shri A. Subramaniam arbitraily dismissed my Transfer Applications saying that there is no urgency in my matters, and neglected that why was the Ld. 9th Dindoshi Sessions Court in a great hurry to pass final judgment on 21/12/2022 without taking evidences on records while the Builder was already on Interim relief and their rights were not prejudiced at all!
The life-threatening attacks on us have only recently stopped, after I sought Police protection from The Commissioner of Police Mumbai and an undercover CBI investigation was started to enquire about the need to provide Police protection to our family! But we know that these are temporary abstinence of Buillder only until they have successfully purchased Bail Orders from the Courts!
Since the old Police Station (that was the den of this Builder and his political connections) was hesitant to reporting these evidences of fraud , repeated attacks on us, and past history of criminal cases of Builder on Police reports submitted before the Ld. 9th Dindoshi Sessions Court till January 2023, I went through so much hardships to get all our criminal complaints transferred to another Police Station for RE-Investigation. This fact was informed to the Judge of Ld. 9th Dindoshi Sessions Court in February 2023 and the same has been taken on records in Roznama (daily proceedings records) and Judicial Order passed on 20/03/2023 that the new Investigation Officer was to file a Police report (Police say) to the main Anticipatory Bail Application, i.e., to say that older police reports are invalid in the light of re-investigation. However, strangely the same Judge has subsequently noted on judicial records that the new Police Officer wants to file "Additional Say" to the main Anticipatory Bail application , thus unjustly legalising the earlier Police reports which were absolutely improper and biased in favour of saving / shielding the habitual criminal Builder!
However, despite misleading the Dindoshi Sessions Court since July 2020, these criminal Builders are out on Bail and are daringly not willing to co-operate the POLICE in the investigation. In fact, one of them i.e., Mr Dipesh Dhanji Shah has absconded to USA without informing police / Court in a non-bailable offence u/s 354 of IPC and now, he is not even traceable by Police for the investigation.
However, the Dindoshi Sessions Court Judge has clearly refused to hear "Applications for Passport Seizure" filed by me on 09/06/2023 in all four matters and thus the habitual criminal Builder and their relatives have been silently allowed to abscond/ flee away from the country
On 19/10/2023, the Ld. 9th Dindoshi Sessions Judge refused to accept the Perjury Application tendered by me in open court before any Arguments were even started; this occurred despite myself Dr Racchana D Fadia mentioning the citation of Hon'ble High Court of Bombay ( which are binding on all courts of Mumbai) in the matter of The Union of India v/s Mr Harsh Milani that has set the precedent for lower courts that the Perjury Application must be heard and disposed off before hearing the main Application because anything that is buttressed on the foundation of falsehood, is anyways bound to decay and The Hon'ble Supreme Court has gone one step further in stating that such litigants who take the majesty of Courts for granted must be dealt with very strictly by initiating Criminal Contempt of Court proceedings against such litigants and advocates!
And the strange thing is that the Prosecution (that ensures that justice is delivered to victims in Indian courts) is not placing the facts of the case before the Judge that the Builder has filed false Affidavits in their Anticipatory Bail Applications, in which they have not only concealed their super-lengthy criminal history but also suppressed the very crucial and relevant material facts and evidences that have a complete bearing on the adjudication of justice in these matters!
This mental harassment and oppression causing loss of faith in the Courts and Public prosecutor is in addition to the shocking and blatant denial of the Judge to hear the Victim on 19/10/2023 - that the Accused Builder have procured the Bail Orders in all the matters by misleading the court and playing fraud upon court especially by filing False Affidavits (which is offence of Perjury u/s 191, 193 of Indian Penal Court with a heavy punishment for seven years if the false Affidavit is filed in judicial proceedings).
The Hon'ble Supreme Court of India has repeatedly emphasized in so many matters, such as the precedent laid down in the matter of Smriti Madan Kansagra v. Perry Kansagra, 2021 SCC OnLine SC 909 - that states that, “fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. In fraud one gains at the loss and cost of another. Even the most solemn proceedings stand vitiated if they are actuated by fraud. Fraud is thus an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam.” Secondly, the Court noted that “fraudulent misrepresentation is called deceit and consists in leading a man into damage by willfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom.” Thirdly, The Court cited that “fraud indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.” The Court opined that “suppression of a material document would also amount to a fraud on the court. It was further noted that “the expression ‘fraud’ involves two elements, deceit and injury to the person deceived. It is a cheating intended to get an advantage. And lastly, the Court stated that “fraud and justice never dwell together, and it is a pristine maxim which has never lost its temper over all these centuries.” The Hon’ble Supreme Court further stressed that “since fraud affects the solemnity, regularity and orderliness of the proceedings of the court and also amounts to an abuse of the process of court, the courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that court. Similarly, where the court is misled by a party or the court itself commits a mistake which prejudices a party, the court has the inherent power to recall its order.” That the Hon’ble Apex Court also noted that “no judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything.”
However, instead of accepting and hearing this Perjury Application annexed with documentary evidences of Perjury, the Judge asked the Accused Builder's lawyer to start the arguments for their Anticipatory Bail Application. During the story-telling of the Builder's lawyer when he emphasized on a baseless allegation against my family (victims), the Judge passed a sarcastic remark on us without hearing us or our already mentioned Perjury Applications and the whole court burst into sarcastic laughter, causing immense mental agony and pain to me and my senior citizen mother Ms Surekha Fadia, who was also present in the court. At this point, at initial stage of story telling of Builder's Lawyer, myself immediately declared that I wish to avail the legal remedy to Transfer the matters to another court, (as I could obviously see that the Judge is not following the procedures laid down by superior courts and instead of going through the latest Police Reports and evidences against a habitual criminal Builder, instead of hearing our previously filed Applications for Passport Seizure, instead of hearing Perjury Applications against Builder, he seemed to be in a strange hurry to pass Final Judgement without allowing the Original Victim to be heard!), the Judge did not stop the proceedings in the matters but continued listening to the STORY of Builder's lawyer!
(THAT THESE WERE NOT ARGUMNETS BUT ONLY STORY TELLING BECAUSE BOTH THE BUILDER'S COUNSEL AND JUDGE WERE EXCHANGING DIALOGUES ABOUT THE STORY WITHOUT EVER REFERRING TO ANY SINGLE PAGE OR EVIDENCE OF ANTICIPATORY BAIL APPLICATION OF BUILDER - IN A MATTER OF FRAUD THAT SPANS A HISTORY SINCE 2006-2011. THIS IS ALSO THE REASON THAT MY APPLICATION FOR AUDIO-VIDEO RECORDING OF LEGAL PROCEEDINGS FILED IN FEBRUARY 2023 WAS REJECTED BY THIS SAME COURT ON 20TH MARCH 2023 BECAUSE OTHERWISE, THE JUDGE, THE PUBLIC PROSECUTOR AND THE LAWYERS OF BUILDER WILL NOT BE ABLE TO CONDUCT PROCEEDINGS AS PER THEIR OWN RULES)
On 19/10/2023, after the story telling of Builder's lawyer was over, when I mentioned to the court to hear my Perjury Application and that I wanted to lead my arguments with evidence annexed in the Perjury Application against the Accused Builder, the Judge straightaway REFUSED TO HEAR me , SAYING THAT HE WILL NOT HEAR me BECAUSE I DONT HAVE FAITH IN COURT BY MENTIONING TRANSFER AT INITIAL STAGE OF ARGUMENT AND THEREAFTER JUDGE GAVE ME AN UNREASONABLE ULTIMATUM THAT IF I DONT GET TRANSFER ORDERS FOR ALL FOUR MATTERS TILL 31/10/2023, HE WILL PROCEED TO PASS APPROPRIATE ORDERS
This ultimatum is
1. in the light of not deciding the previously filed Applications for Seizure of Passports (strangely missing from judicial records) of the Accused Builder despite one of the co-accused absconding to USA and not joining the investigation of the FIR registered with Non-Bailable Offences
2. in the light of not willing to hear the Perjury Application tendered on 19/10/2023 in open court before any final arguments were started as per the Hon'ble Bombay High Court stating in the matter of The Union of India V/s Mr Harsh Milani and
3. in the light of not giving the Original Victim, any chance to be heard despite The Hon'ble Supreme Court of India stating in its landmark judgement in the matter of Jagjeet Singh vs. Ashish Mishra [202 SCC Online SC 453] – wherein it is clearly mentioned that the victim in a criminal matter has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an Appeal or revision.
4. in the light of knowing well the Ld. Principal Judge at Greater Bombay Sessions Court already dismissed my Applications for Transfer of matters , once in July 2022 and again in December 2022, without giving me a fair hearing and opportunity to be heard!
However, all the rules and procedures laid down by The higher courts such as The Hon'ble High Court of Bombay and The Hon'ble Supreme Court of India, which are binding upon the lower courts (including Ld. Dindoshi Sessions Court) of Mumbai, are openly and unabashedly trampled during the legal proceedings conducted in these Lower courts by taking for granted me and my family, who are representing our matters in-person as original victims, while Builder's lawyer who is a Counsel from the chambers of another Senior Counsel practicing in The Hon'ble Bombay High Court since earlier generations, has the dominance of being heard in the various courts of Law!
Hence, justice seems far-fetched to us, our spirits being repeated stabbed by the officers of Courts and therefore immensely harrowed since the legal murder of the Patriarchal head of our family in 2020; apart from being badly bruised in spirits by the Builder who caused brutal injuries on our physical bodies, assassinated our characters for no reasons and outrageously violated our dignity on 27th June 2020 in a well-planned premeditated incident to cover up his frauds with us since 2011!
There's more history of this Builder and his agent/partner trying to exploit me since 2010-2011, which feels awkward and disgusting to even mention here as it would amount to washing dirty linen in public! Police and Courts have been informed through statements and in writing.
And so this is our plight, The Two Women; and maybe many others Women in this country like us who are never heard and instead facing injustice
NOT ONLY from habitual criminal Builders
BUT ALSO from
THE UNHOLY NEXUS OF BUILDER IN VARIOUS DEPARTMENTS OF THE STATE
Who are supposed to be upholding values of -
"SATYAMEV JAYATE"
But our personal experiences since 2020
Have made us literally cry tears of blood persistently
Because
WE ARE MADE TO SEE,
WE ARE MADE TO FEEL GUILTY,
WE ARE MADE TO EXPERIENCE GRIEF
that the REAL fact is VERY DIFFERENT
AND INSTEAD REFLECTS THE VALUES OF
"PAISA MAHADEV JAYATE"
!!!
With Full Faith in the Revered Constitution of India,
