PIONEER EDGE NEWS SERVICE
Malad-East SRA builder scam has now turned into a sensational mix of financial fraud exceeding Rs 2 crore in principal amount, brutal assaults on two women and investigative lapses in three connected FIR complaints, which is now under the scrutiny of legal experts.
At the centre of this dispute are the promoters of Malad-based Shah Housecon Private Limited (SHPL) company – Ramji Harkhchand Shah, Pankaj Nanji Gada, Mansukh Harkhchand Shah, Akash Mansukh Shah, Hiren Premji Savla, Gaurav Padamshi Khirani (members of the same family), and their representative Umesh Damji Dedhia, whose lawyers have secured anticipatory bail and repeated interim relief, despite allegations that the accused are not cooperating with the investigation.
This case began with FIR No 307/2020 at Dindoshi police station, which was filed by Rachana D Fadia for verbal abuse and physical assault against her and her mother Surekha Fadia. They allege that on June 27, 2020, instead of settling accounts at the SHPL office, these two women were subjected to verbal abuse, threats, outraging of modesty and physical assault in which their son-in-law Pankaj Gada, nephew Dipesh Dhanji Shah and their office staff were also involved. Two days earlier, on June 25, 2020, Ramji Harkhchand Shah called Fadia’s father and threatened to kill him for demanding an account, and in line with that threat, on June 27, 2020, he summoned these two women to his SHPL office and perpetrated atrocities against them, resulting in a fracture to senior citizen Surekha Fadia and deep, bleeding oral wounds and multiple injuries to Rachana Fadia.
In FIR 307/2020, a representative-cum-relative, Dipesh Dhanji Shah, has left for abroad and never participated in the investigation.
A second FIR linked to this FIR was registered at Dindoshi Police Station – In FIR 789 of 2021, this family alleges that in 2011, the same SHPL builder made them sell their two old flats and deposited approximately ₹1.57 crore from the proceeds into his company SHPL, in exchange for which the builder had promised three new flats, 6 car parking and regular interest in his new project. But out of the three flats, they registered only one flat in 2017 and that too by showing a due of ninety lakh rupees through manipulation of accounts and fabricated documents, while the other flats were sold to third parties and interest was never paid. In FIR 789/2021, based on evidence, Sections 417, 423, 120B, 464, 465, 467, 468, 471, 477A of the Indian Penal Code, Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999, and Sections 3, 4, 5, 8, 13, 14 of the Maharashtra Ownership Flats Act have now been added, yet the anticipatory bail and interim relief for these builders continue to be granted.
The chargesheet for all these FIRs is still pending even after nearly five to six years. Despite such serious allegations, the same accused builders and their representatives continue to secure bail and interim protection.
The complainants also allege that they were denied a hearing in the Bombay High Court, where the prosecution verbally told the judge that Rachana D Fadia is “not a victim” in the financial fraud FIR 789/2021, although in the statement of her brother, the original complainant of that FIR, Rachana Fadia’s name is recorded among the victims — this stance is contrary to the Supreme Court’s decision on victim participation in the Jagjeet Singh vs Ashish Mishra case.
