Indian Law - A Game created for the Rich Criminals to Win at any cost!

 

FRUSTRATION WHEN VICTIMS ARE NOT HEARD BY THE SESSIONS COURTS DESPITE IRREFUTABLE EVIDENCES AGAINST THE CRIMINALS PLACED BEFORE COURTS!!!

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!!!

VANDE MATARAM!

DR RACCHANA D FADIA