New Delhi: Realtors Ansal brothers, Sushil and Gopal, have been summoned by a Delhi court to respond to the allegation of cheating a US-based couple of nearly Rs 12 lakh.
Metropolitan Magistrate (MM) Ashok Kumar issued summonses to Ansal Properties and Infrastructure Ltd CMD Sushil Ansal and Ansal Buildwell Ltd’s MD Gopal Ansal on a complaint by a US-based woman Sunila Wadhawan.
In her complaint to the court, the expatriate Indian woman has alleged that the two brothers had “misappropriated” the commission amount of Rs 11.80 lakh to be paid to her husband.
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“I have perused the complaint and pre-summoning evidence led by the complainant. I hereby take cognisance against the accused persons… Accused persons be summoned for May 15,” said MM Kumar.
Besides Sushil and Gopal Ansal, the court has also issued summonses against Ansal Buildwell Ltd’s directors R L Gupta, Gaurav Mohan Puri and Subhash Verma, who were named as accused in the complaint. Ansal Properties and Infrastructure Ltd and Ansal Buildwell Ltd have been also named as accused in the case.
In the complaint filed through advocate Tarun Rana, Sunila Wadhawan said her husband Ashok Wadhawan was appointed as authorised agent on commission basis for marketing and selling properties of Ansal Properties and Industries Ltd, which was later divided into Ansal Properties and Infrastructure Ltd and Ansal Buildwell Ltd.
She said the Ansal brothers had assured her husband that payments would be made to him and in 1996, the firm launched a project by the name of Sushant Lok-III at Gurgaon in Haryana.
Wadhawan alleged her husband gave good business to the company in the project but his commission was not paid to him and he was “allured” to book a plot in the said project.
She said her husband was told that the commission amount would be “adjusted” towards his booking in the project.
The booking was made in the name of Sunila Wadhawan in 1996 and a cheque of Rs 2.5 lakh was also given by them for the property, the complainant alleged.
She alleged after they shifted to the USA, the firm officials began avoiding their calls regarding the booking and when they came to India, they were told that the sale deed of the plot was not executed in their name and “huge outstanding payments” were being shown towards the booking.
After they threatened to take action against the Ansals, they assured that the commission amount would be adjusted in their booking and a sale deed would be executed in their name.
But when the complainant and her husband returned to India in 2011, they came to know that their booking was cancelled.
“All the accused persons have conspired together to commit the aforesaid offences and as such are liable to be prosecuted under section 420 (cheating), 406 (criminal breach of trust), 506 (criminal intimidation) IPC as well as section 120-B/34 (criminal conspiracy/common intention) of the IPC i.e for the acts of cheating, criminal breach of trust, misappropriation of property and criminal intimidation,” the complaint said.
The complainant said they had neither received any notice of termination nor any correspondence in respect of the said booking.
“The accused have deliberately withheld and misappropriated the commission amount of Rs 11,80,345 of the complainant’s husband which as per the promise and assurances of Sushil Ansal and Gopal Ansal was to be adjusted towards the dues of
the said plot…,” the complaint said.