A case has been filed against Pronit Nath and Amisha Nath, accused of alleged cheating in a real estate transaction. The complainant, Samir Kochhar, filed the case, claiming that the Nath couple, under the pretext of selling flats, duped him of ₹58.50 lakhs and also cheated his friend, Varun Bangera, of ₹44.66 lakhs. The case was registered under sections 409 (criminal breach of trust), 420 (cheating and dishonesty), and 120 (B) (criminal conspiracy) of the Indian Penal Code at Andheri police station on October 21, 2023.
According to reports, Samir Kochhar, a businessman residing in JVPD, Andheri West, along with his wife Radhika Kochhar and friend Varun Bangera, were searching for properties in December 2020. They were introduced to Pronit Nath and Amisha Nath, who claimed to be planning the construction of a four-floor building in Pali Village, Bandra West, to later sell the flats. The Kochar couple and Bangera visited the site, which was then an empty plot, and met Pronit Nath. The couple decided to purchase a flat on the 3rd floor of 660 Sq Ft, and Bangera opted for a flat on the 4th floor of 750 Sq Ft. Subsequently, it was revealed that Nath had mortgaged the land with a financial company despite earlier claims of a clear title. The Nath couple assured the buyers that the flats would be sold after clearing the mortgage and requested them to sign a Memorandum of Understanding (MoU) on March 30, 2021. As per the MoU, 30% of the amount would be paid immediately, and the remaining amount after clearing the title. Kochhar issued a cheque of Rs 18.25 lakhs on April 4, 2021, while Bangera issued cheques of Rs 12.40 lakhs on the same date.
As construction progressed, Nath informed the buyers on June 3, 2022, that the building would be completed within three months, and an occupation certificate would be received. However, on June 23, 2023, Nath informed Kochhar and Bangera via WhatsApp that they no longer intended to sell the property and planned to retain it for themselves. Shocked by this sudden development, the complainants alleged that Nath utilized their money to clear the loan, deceiving them in the process.
Kochhar confronted Nath, leading to Nath sending a legal notice in May 2023. Nath, however, did not respond further. The FIR was lodged after Nath, through his lawyers, informed the high court that he had entered into an MOU to sell the property to someone else. In response, Kochhar approached the High Court seeking directions to Nath to honour the MOU. Justice Kamal Khata, on July 26, restrained Nath from selling the flat to a third party. Nath challenged this decision before a division bench of the High Court. On October 5, the bench, headed by Chief Justice DK Upadhyaya, refused to interfere with the single judge’s order, upholding the restraint on Nath from alienating the disputed flat.
The legal proceedings will likely unravel more details as the case progresses through the judicial system.