Fresh Probe Ordered in Real Estate Scam Involving Gautam Gambhir
A Delhi court has directed a fresh investigation into a real estate cheating case involving former cricketer and current Indian cricket coach Gautam Gambhir. The court set aside the discharge of Gambhir and others, citing 'inadequate expression of mind' i
Real EstateGautam GambhirCheating CaseDelhi CourtProperty FraudReal Estate NewsOct 30, 2024
The allegations stem from a case filed against real estate firms Rudra Buildwell Realty Pvt. Ltd, H R Infracity Pvt Ltd., U M Architectures and Contractors Ltd., and Gambhir, who served as a director and brand ambassador for the companies' joint venture. Judge Gogne emphasized that Gambhir was the only accused who had a 'direct interface with the investors' in his capacity as a brand ambassador. Despite being discharged, the magisterial court's order failed to address his financial transactions with Rudra Buildwell Realty Pvt. Ltd., including the payment of Rs 6 crore to the company and the subsequent receipt of Rs 4.85 crore.
The judge noted that the chargesheet did not clarify whether the amounts paid back to Gambhir were linked to the funds received from the investors in the project. Given the core of the allegations pertains to the offence of cheating, this clarification was deemed necessary. Gambhir's role as an additional director from June 29, 2011, to October 1, 2013, was also highlighted, indicating his involvement during the promotion of the housing project.
The court observed that the bulk of the repayment to Gambhir occurred after he resigned from his position as an additional director. However, the magisterial court's order generalized the findings against him, combining them with observations about other accused parties. This, the judge ruled, resulted in an inadequate expression of mind in deciding the allegations against Gambhir. As a result, the court remanded the case back to the magisterial court, directing it to pass a detailed fresh order specifying the allegations against each accused in relation to the offences and the corresponding evidence in the chargesheet.
The accused parties jointly promoted and advertised an upcoming housing project called 'Serra Bella,' located in Indirapuram, Ghaziabad, Uttar Pradesh, in 2011. The project was later renamed 'Pavo Real' in 2013. The prosecution alleged that the complainants booked flats in the project and made payments ranging from Rs 6 lakh to Rs 16 lakh, lured by advertisements and brochures. However, no significant infrastructural development was made on the plot, and the land remained undeveloped until the complaint was filed in 2016. The complainants also discovered that the project was not approved by the competent state government authorities and was embroiled in litigation with a stay order issued by the Allahabad High Court in 2003.
This case highlights the complexities and potential frauds in the real estate sector, underscoring the need for rigorous investigations and transparent practices to protect investors. The court's decision to order a fresh probe is a critical step towards ensuring justice for the affected parties and maintaining the integrity of the real estate market.
Frequently Asked Questions
What is the nature of the case against Gautam Gambhir?
Gautam Gambhir is involved in a real estate cheating case where flat buyers were reportedly cheated. He was a director and brand ambassador for the real estate firms involved in the project.
Which real estate firms are involved in the case?
The real estate firms involved in the case are Rudra Buildwell Realty Pvt. Ltd, H R Infracity Pvt Ltd., and U M Architectures and Contractors Ltd.
What did the court order in this case?
The court has ordered a fresh investigation into the allegations against Gautam Gambhir and others, setting aside the earlier discharge of the accused.
What was the initial role of Gautam Gambhir in the project?
Gautam Gambhir served as a director and brand ambassador for the companies' joint venture and had a direct interface with the investors.
What was the status of the housing project in question?
The housing project, initially called 'Serra Bella' and later renamed 'Pavo Real,' saw no significant infrastructural development and was embroiled in litigation with a stay order from the Allahabad High Court in 2003.
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