Cheating of US-based couple: Court denies anticipatory bail to builder

KOCHI: The Ernakulam Additional Sessions Court has dismissed the anticipatory bail plea of a builder who allegedly cheated an NRI couple promising flats at Kakkanad. The pre-arrest bail was denied recently to Sunny Paul, MD and business partner of Sunpaul Dezira Blueberry, in a case registered at Infopark police station following the complaint lodged by Josie James, a Muvattupuzha native based in New York.

Josie and his wife booked two apartments in the project Blueberry Dezira, Kakkanad, by paying Rs 10.82 lakh on December 13, 2016, following a multi-media campaign conducted by the builder in New York. Realising that the project  is not moving smoothly, the complainant demanded the return of the amount.

However, the builder made the complainant believe that there was another project by the name Sunpaul Metropolis Kakkanad approved by Real Estate Regulatory Authority (RERA) and they can book service apartments and adjust the advance amount paid. Accordingly, the complainant and his wife booked 12 service apartments in the new project and paid Rs 72.23 lakh which included the earlier advance amount.

Later, the builder informed the couple that the project had been cancelled since RERA did not approve the project. When asked for repayment, the builder claimed that he had terminated his partnership with the company and a person named Suresh Jacob Vaidhyan had to make the repayment. However, when Josie approached Suresh, he said that it was Sunny who had to make the refund. The police registered the case on May 28 on the complaint received through the office of the Public Grievance Redressal Cell of the chief minister.

Court judgment
Judge G Girish, while dismissing the anticipatory bail plea, observed that a comprehensive investigation is required in the case. The court said the conduct of Sunny and the person named Suresh amounted to blatant humiliation of the complainant who had invested a huge amount believing Sunny’s assurance.