MUMBAI: The Supreme Court has granted interim protection from arrest to a city-based developer who allegedly cheated a doctor with the promise of a flat in his project at Parsi Colony in Wadala (West).
The order was passed on Rajesh Jain’s appeal against Bombay high court’s Aug 26 order that rejected his pre-arrest bail plea. Justices Sudhanshu Dhulia and Ahsanuddin Amanullah issued notice to complainant Dr Bharati Patil and posted the hearing on Oct 25. “In the meantime, no coercive measures shall be taken against the petitioner subject to his cooperation in the ongoing investigation,” they directed.
In Jan 2012, Jain of Neumac Group visited a hospital in Chinchwad, Pune district, for treatment. Representing himself as a reputed developer from Mumbai, he “induced” Dr Patil and her son Dr Nirmal to invest in his project Neumac Aura, promising a flat at a reduced price. Till 2019, a total Rs 90 lakh was transferred to Jain’s firm in three tranches.
In Aug 2019, Jain issued them an allotment letter for a 12th-floor flat. But when they visited the site, there was no development. Later, Jain refused to refund the amount and allegedly threatened them with dire consequences. On Aug 26, HC refused Jain pre-arrest bail, observing that concomitant circumstances reflect on his dishonest intention.
Jain’s appeal in SC said that on Nov 28, 2023, HC granted him interim protection, recording that the dispute between the parties is “purely civil in nature”. “However, the HC seems to have had a change of heart at the time of the final hearing based on the alleged intention of the petitioner [Jain], rather than actually assessing whether… the alleged offence is prima facie made out in the present case or not to warrant denial of the petitioner’s liberty.”
Jain said that he was willing to refund the entire amount, but talks failed as Dr Patil was demanding 24% penal interest. She has also initiated refund proceedings before MahaRERA, which according to Jain, “is the appropriate remedy and place” to adjudicate the dispute. Senior advocate Siddharth Dave and advocate Amogh Singh, for Jain, submitted that there was no criminality involved in the transaction.
