Delhi court initiates process to declare Nivas Promoter Director as 'absconder' in cheating case
Dec 07, 2023
New Delhi [India], December 7 : The Patiala House Court of Delhi has initiated the process to declare the Director of Nivas Promoter pvt Ltd, Rahul Chamola, who is accused of cheating home buyer, an absconder and directed that the notice of the same be issued in a newspaper.
During the hearing, the Court observed that the accused Rahul Chamola against whom NBWs were issued on the last date by the court could not be executed as the accused had changed his address without informing the court.
Noting this, Metropolitan Magistrate Vinod Joshi in an order passed on December 5, 2023 stated that counsel for the accused, who is yet to file the Vakalatnama has prayed for exemption from physical appearance on the ground that the accused is unable to appear before the court as his mother is unwell.
The Court is of the view that the grounds taken by the accused are frivolous and intended to avoid appearance before the court.
Let process U/s 82 CrPC be issued against the accused through all modes including publication in the newspaper, through DCP concerned for the next date of hearing, ordered the court.
Earlier, the same court in an order passed on October 11, 2023 issued NBWs against the builder Rahul Chamola who is the Director of Nivas Promoters Pvt Ltd in case registered against him.
As per the police in its chargesheet Rahul Chamola had induced an innocent home buyer to purchase flats in its project 'Oneleaf Troy' at GH01D, Sector-10, Greater Noida, however he had failed to deliver the flats to the home buyer and further had cheated the entire amount given in advance for purchase of flats.
In order to further dupe people he changed the name of the above Project, in conspiracy with one Shelendra Sharma, to "Renowned" launched by "Renowned Group" through companies owned by Shelendra Sharma who is also a co-accused in another FIR wherein Rahul Chamola is also an accused, stated Lawyer for Complainant.
The police had alleged that Rahul Chamola used to flaunt his image and relations with cricketer Munaf Patel to entice buyers to invest in the project. However, the project was never completed, leaving buyers in the lurch.
The court was also informed that accused was on interim bail on the basis of a settlement agreement with the investor, however had failed to honor the same.
Further, the court observed that Rahul Chamola was not appearing before the court and his interim bail had already expired, thus considering the gravity of offences issued Non-Bailable Warrants against Rahul Chamola.
Earlier, Economic Offence Wing (EOW) of Delhi Police had arrested Rahul Chamola, for duping home buyers in his projects in Noida. Later Rahul Chamola was granted interim bail by the Saket District Court with the condition that while on bail Chamola was pay the respective dues of the investors/ home buyers.
Earlier, Sessions Court of Saket District Court had called upon all the director of M/s Nivas Promoters Pvt Ltd to appear before the court and to address the grievance of the home buyers, who had pleaded before the court that despite Chamola being on interim bail, he has failed to pay off the outstanding dues of the investors and has made no effort to settle the same.
