Mumbai: Owners take payment for Santacruz flat from food stylist, but refuse to hand it over

Updated: Oct 10, 2019, 08:24 IST | Faizan Khan | Mumbai

Food stylist alleges Santacruz residents signed deal in March but are refusing to give either property or his money back

Ivan Fernandes
Ivan Fernandes

Famous food stylist Ivan Fernandes has filed a cheating case against a father-son duo, from whom he had purchased a flat in Santacruz West earlier this year. In his complaint filed on October 5, he alleged that they are neither handing over the property to him nor returning the money he paid them.

Fernandes was looking to buy a flat in January this year when a person named, Shailendra Gaikwad, introduced him to Harishkumar Banarsilal Madan and his father Banarsilal Gurudasram Madan. The Madans wanted to sell their flat in Saryu Apartments where they currently live.

Harishkumar Banarsilal Madan and his father Banarsilal Gurudasram Madan
Harishkumar Banarsilal Madan and his father Banarsilal Gurudasram Madan

They told Fernandes that they had taken a loan of Rs 2.75 crore against the flat and has paid only Rs 35 lakh so far. Fernandes agreed to pay the remaining loan amount to the bank, i.e. Rs 2.4 crore, and Madans agreed to sell the flat at market value of Rs 7 crore. Harishkumar then asked Fernandes to pay them Rs 1.20 crore in cash, which the latter agreed to.

On March 25, Fernandes paid them Rs 1.20 crore in cash and both the sides signed a Memorandum of Understanding (MoU) and a sale agreement, with the mention of the cash payment, at Bandra court in front of his friend. He then paid Rs 2.4 crore to the bank to settle the loan.

"According to the MoU and the sale agreement, I was given three months to make the remaining payment of Rs 3.4 crore," he said in his complaint. However, when he called them in May to pay the remaining amount, the Madans started stalling.

After vainly chasing them for several days to close the deal, Fernandes asked the duo to return the Rs 3.6 crore he had paid them so far. But the Madans agreed to return only Rs 2.4 crore and refused to pay back the cash amount, Fernandes said. The police said they have registered a case under Section 420 (cheating), and other sections of the IPC against the Madans. The accused, the Madans, did not respond to mid-day's request for a comment.

Rs 3.6 crore
Total amount of buyer paid the accused

Rs 1.2 crore
Amount he paid in cash

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