GURUGRAM: A Lucknow-based real estate company, which was booked for allegedly taking money from an investor for a unit in a commercial tower and later selling the same to another buyer, failed to get relief from the sessions court as its anticipatory bail application was rejected.
Following the direction of the court on September 9, a case was registered against Welldone Technology Parks Development Private Limited, its directors Umashankar Halwasiya, Sanjay Khurana and managing director Mukund Halwasiya, under sections 406 (criminal breach of trust), 420 (cheating) and 120B (conspiracy) for cheating Suresh Kumar at Sadar police station.
Sanjay Khurana, Mukund Halwasia and Umashankar Halwasiya had filed an anticipatory bail application in the sessions court, through their lawyer Ravinder Kumar, claiming that they were falsely implicated in the case even after paying the assured Rs 70 lakh to the complainant. "The site (shops) was changed and re-allotted with the consent of the complainant and no loss was borne by him," contended Kumar before the court. The public prosecutor argued that the company cheated the complainant by selling its floors to other parties without his consent.
Advocate Vishal Gupta said complainant Suresh Kumar had purchased a 1,500 sq ft unit (unit number 101A) on the first floor of Welldone Tech Park on Sohna road in 2008, after paying Rs 45 lakh. In 2010, the developer contacted Kumar and told him they had sold his unit (number 101A) by mistake. In 2015 Kumar found that his unit was shifted to 212A from 401A. Later he came to know that all the units were sold to different persons way back in 2010.
After hearing the contentions of both parties, additional session judge Balwant Singh in his order dated September 14 observed that the accused were first alluring the complainant for selling their property and then re-selling the same to third party at a higher rate.
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