Mumbai: broker to pay Rs 1.6 crore relief for Rs 80 lakh check checks

MUMBAI: A magistrates court recently ordered a Goa-based broker to pay Rs 1.6 million as compensation to a Breach Candy resident after they issued Rs 80 lakh checks as reimbursement for a scrapped property agreement in 2007 They were dishonored.

In two separate orders involving dishonorable checks of Rs 35 lakh and Rs 45 lakh respectively, the court also sentenced the agent, Anjali Thakran, to one year in prison. In granting compensation that was twice the total amount of the checks, the court said: In the present case from the dates of the check until today, twelve years and ten months have passed.

The plaintiff, Veena Advani, moved to court in March 2007. It was claimed that she lived in the United States with her now ex-husband and that they had bought a property in Vagator, Goa in 2006. A common friend introduced her to Advani the husband. of the accused. and he was assigned the task of building bungalows on the plot. Advani's complaint further indicated that the builder presented the defendant to Advani as a property agent.

It was alleged that, in partnership with her ex-husband, Advani agreed to buy another property in Mandrem, Goa through the defendant. While the property cost Rs 70 lakh, Thakran's commission as a real estate agent was Rs 10 lakh. In the first transaction, Advani and her ex-husband transferred Rs 35 lakh to Thakran from the USA. UU. And after about three weeks, they transferred the balance of Rs 45 lakh.

On December 16, 2006, a meeting with the property owner was arranged. However, the broker was absent at the meeting, and Advani suspected the authenticity of the transaction. The defendant then issued three controls on the condition that if the agreement was not completed on January 1, 2007 or earlier, Advani and her ex-husband would be free to collect them.

On January 4, 2007, Advani deposited the checks but they were dishonored. At Thakran's request, Advani re-deposited the checks on January 16, 2007, but they were also dishonored, with insufficient funds comment. Adavni's complaint said that on February 7, 2007, he sent a legal notice to Thakran. It was alleged that, since he had not responded to the notification or paid the amount, Advani moved the court.

The court framed the charges against Thakran in both cases in 2007. He pleaded not guilty and claimed to be tried. In his final statements recorded in the cases in 2008 and 2010, Thakran denied the accusations. He claimed that the checks were issued as collateral and that he had no responsibility towards Advani.

However, the court said Thakran's statements were not supported by any document. On the contrary, all documents produced by the plaintiff support the case that the defendant has issued the checks for the reimbursement of the amount given to the defendant for the purchase of the property in Mandrem and that agreement was not completed, said the court. said.