Paul D’Mello

FlatNo.107, Daffodil Building,

Sub: Complaint against Builder Mr. Dinesh Kushwah

Respected Sir,
I, the abovenamed applicant would like to bring to your kind notice the
fraud and cheating committed by the builder against me as under:
I say that, I had booked a shop bearing no. 004, on the ground floor
having area admeasuring about 255 sq. ft. in building no. 56 in Maitri Park at
Kalher, Near Kasheli Toll Plaza, Bhiwandi Road, Thane on 08th July, 2017 for a total
consideration of Rs. 17,85,000/- (Rs. Seventeen lakhs Eighty five thousand) from
Maitri Developers by Builder Mr. Dinesh Kushwah.
As per the schedule provided by the builder for the instalments of the
shop, I kept duly paying the instalments up till Rs. 8,60,500/- (Rs. Eight Lakhs
Sixty Thousand Five Hundred). However in the month of November, 2021 I could
not pay the instalment. I asked Mr. Dinesh to allow me some time to pay the
instalment however Mr. Dinesh denied giving me any time and directly started
telling me that he would be selling the premises to somebody else. I requested
Mr. Dinesh to co-operate but he did not understand my ordeal he decided to sell
the premises to somebody else and told me that he would return the said
amount of Rs. 8,60,500/- to me. I was in dismay but could not do anything about
it. I told Mr. Dinesh to return my money before registering the said premises to
the third party.
I say that, from December 2021, I continuously started calling Mr. Dinesh
to ask him to return my money. But I was told every time that he does not have
the money presently and that he would soon return my money before registering
the said premises with the third party. I soon got to know the party to whom
Mr. Dinesh was going to sell the premises and accordingly I had even informed
Mr. Somandar and Sadhana Singh - the potential buyers of the said premises
about the situation. To my utter shock and dismay, I later gained the knowledge
that Mr. Dinesh had sold the premises to Mr. Somandar and Sadhana Singh
approximately somewhere in the month of January or February 2022. I kept
approaching Mr. Dinesh and asked him to return my money now that the
premises was already sole to somebody but he kept avoiding giving any
commitments to me. I also got to know that Mr. Dinesh and the new buyers of
the premises had enlarged the area of the premises.
I further say that, after repeated attempts to reach Mr. Dinesh, he finally
agreed to return my money on 26thFeb, 2022. Likewise, I waited till 26th February,
2022 but all in vain. Mr. Dinesh kept giving me further dates and kept making me
wait on his bogus assurances. He assured to return my money in July, 2022 and
then gave another date for 10th October 2022. This time when I coaxed him
harder, Mr. Dinesh agreed to provide me in writing that he would return the
entire amount of Rs. 8,60,500/-. After a lot of attempts to remind him and obtain
my money, Mr. Dinesh gave me Rs. 2,00,000/-. Again on 10th January, 2023 Mr.
Dinesh again gave me in writing that he would pay the remaining amount of Rs.
5,60,500/- on 5th February 2023 and also verbally assured me that if he was
unsuccessful in paying me back he would lock the shop and hand over the keys
to me but again there was no sign of Mr. Dinesh giving me the remaining amount.
Again on 15th May 2023 gave in writing that he would pay the balance amount
to me on 30th April 2023.
I further say that, Due to the financial loss, I was not only in complete
emotional and mental distress but I was also torn financially. I had to sell my gold
ornaments to manage my finances. I kept telling Mr. Dinesh about my financial
problems. But instead of returning my money he kept fooling me. Mr. Dinesh
paid me back some amount on different dates as per his wish and cleared about
five lakhs after which there is no any sign of getting my remaining amount back
from Mr. Dinesh.
I say that, I was helplessly trying to reach out to Mr. Dinesh to return my
money between all these months. Mr. Dinesh had issued me four cheques two
of them were dated 21.06.2021 bearing cheque no. 008359 and 008360 for Rs.
2,00,000/- and 1,00,00/- respectively I had waited to issue the cheques since Mr.
Dinesh had asked me to wait for a several days. But later, with his consent I
deposited the cheques in bank and to my utter shock and dismay the cheques
were bounced. Instead of getting my money back, I was charged by the bank for
the bounced cheque. Again, the two remaining cheques bearing cheque no.
300259 and 300260 of Rs. 1,00,000/- and Rs. 2,00,000/- respectively one dated
12.10.2024 and one dated 28.09.2024 respectively were bounced due to
insufficient funds.
I say that, Since the month of February 2022 I have been helplessly trying
to get my money back from Mr. Dinesh but all in vain. Mr. Dinesh has fraudulently
sold the premises to a third party without giving me reasonable time to pay the
instalment. Moreover, Mr. Dinesh has done fraudulent conduct by getting the
shop’s registration done with a third party without returning the money I had
invested in the said premises. Mr. Dinesh has been assuring me that he would
be returning my entire amount however he has been making me wait since
almost three years now. There seems no intention of Mr. Dinesh to return my
money.
I say that, Mr. Dinesh owes me Rs. 3,25,500 for the amount I had
invested in the premises along with interest thereon. It is very clear and evident
that Mr. Dinesh has always had malafide intentions of cheating and does not
have the intentions of returning my money to me. Mr. Dinesh is a builder and
knows how to commit fraud and dupe common people like me easily. I have
fallen victim of fraud and cheating by the hands of Mr. Dinesh Kushwah.
Hence, I humbly request you to kindly look into the matter and take
strict criminal actions against Builder Mr. Dinesh Kushwah for his fraudulent
conduct, for cheating and for the mental harassment he has caused me.

Thanking You,
Mr. Paul D’Mello