meconsult

A cheating case was filed against Merlin Projects Ltd & Union Bank of India for offences committed u/s 420/427/120B of the Indian Penal Code and the Chief Judicial Magistrate, Alipore Court, Kolkata, giving due cognizance to our complaint, directed the Police to investigate the case.
Case Ref No.is 1326/08 and Process No. is 775/08.

To know more about how you can be cheated by Builders and Bankers acting in collusion with each other, please visit consultcal.googlepages.com/merlinprojectsltd,cheatingcase

merlingroup

WITHOUT PREJUDICE

Dear All,

We have learnt that one Mr. Partha Roy has been sending letters and e-mails to you with certain allegations.

The matter is subjudice and Mr. Partha Roy is sending distorted information suppressing a number of facts and his defaults.

We would like to emphatically state and place on record, that the said allegations are ill motivated, ill conceived, fabricated and totally unwarranted with motive of illegal gains.

We would like to inform the readers some past records about Mr. Partha Roy & his son Pandav Roy.

A. Mr. partha roy is Defaulter in 12 cases involving different banks/financial institutes.
B. his son, Pandav Roy (joint agreement holder) is defaulter in 5 cases involving different banks/financial institutes.
C. The defaults by both father and son are against home loan, credit card bills, car loans, education loan and personal loans as per reports by Credit Information Bureau (India) Ltd. (CIBIL), a company promoted by and serving to banks and financial institutes, such as icici, hdfc, sbi and other banks etc.
Report from Credit Information Bureau (India) Ltd. in the name of Mr. Partha Roy and Pandav Roy showing their defaukt is attached herewith.

D. mr. partha roy was also accused in Cheating case being no. 82/2004 at Kalighat Police Station, kolkata.


To briefly sum up, Mr. Partha Roy & his son Pandav Roy paid us a token amount against their commitment, towards the initial payment and arranged with Union Bank of India, to finance the balance payment, of the purchase consideration.

As per records, Merlin Group never had any transaction with Union Bank of India, Sarat Bose Road branch, apart from the home loan matter of Mr. Partha Roy and Pandav Roy.

Further, it was Mr. Partha Roy / Mr. Pandav Roy who wanted the home loan from Union Bank of India because his wife had an account in the same branch.

Mr. Partha Roy / Mr. Pandav Roy thereafter gave another cheque of Rs. 1,93,750/- favouring Merlin Projects Ltd. towards approximately 15% of the total consideration. This cheque of Rs. 1,93,750/- was dishonoured twice upon presentation (copy attached).

One Tripartite Agreement was entered into between the accused, Merlin Projects Ltd and Union Bank of India, Rash Behari Branch for the purpose of availing of home loan by accused from Union Bank of India.

However inadvertently, the fact of dishonour of the cheque for the sum of Rs. 1,93,750/- escaped the notice of us and so the provisions of the Tripartite Agreement was laid down without mentioning the fact of dishonour of the cheque of Rs. 1,93,750/- .
Mr. Partha Roy was required to repay Union Bank of India, Rash Behari Branch, a sum of Rs. 13,020/- w.e.f April 2004 by way of several equal monthly installments (EMI’s). After repayment of the first 5 or 6 EMI’s, i.e. from October 2004 (Intimation letter dated 2nd March 2005 from Bank attached), Mr. Partha Roy & his son Pandav Roy started defaulting in making repayment of the EMIs to Union Bank of India. The Union Bank of India after waiting for nearly two years, during which they repeatedly requested, reminded and insisted upon the Mr. Partha Roy & his son Pandav Roy to repay their dues to the Bank through EMIs, got the Row House sold to M/s. Murarka Advisory & Holdings Pvt. Ltd by invoking the provisions of the SARFAESI Act.
Mr. Partha Roy has alleged that we have not registered the Sale deed in favour of his son / himself. But the registration of the Row House No- B-15 at Merlin Greens Complex could not be executed in favour of Mr. Partha Roy for the following reasons:

a. The sum of Rs. 1,93,750/- which was due from Mr. Partha Roy remained and still remains unpaid.

b. Mr. Partha Roy and his son never came up with the stamp papers or the amount required to be paid towards stamp duty or any pay order favouring the Registrar of Assurances for the purpose of registration of the Deed of Conveyance.

c. Several letters from time to time were addressed by the Bank to Mr. Partha Roy and Mr. Pandav Roy, with a copy being marked to Merlin Projects Ltd. reminding that they were turning out to be a progressive defaulter. Upon coming to know that Mr. Partha Roy is not making the repayment to the Bank, Merlin Projects Ltd. grew apprehensive, because in the event of Mr. Partha Roy’s failure to repay the Bank, Merlin Projects Ltd being the guarantor, was required to replenish the Bank. While harbouring such a sense of fear, it was not possible for Merlin projects Ltd to transfer the property to Mr. Partha Roy, notwithstanding the sum of Rs. 1,93,750/- which was already due. A number of letters were also sent by Merlin Projects Ltd to Mr. Partha Roy in this regard.

The bank vide their notice ref. NRO:KOL:CRLD:940A:07 dated 24.04.07 (copy attached) addressed to Mr. Partha Roy, with a copy to us, informed him, of their decision for enforcement of Security Interest Action Notice, in respect of the said premises and demanded that all outstanding, inclusive of interest, be paid by them failing which, the Bank would invoke Section 13(2) of the Securitization and Re-construction of Financial Assets and Enforcement of Security Interest Act 2002

As per information available to us, Mr. Partha Roy paid a very small amount only covering few EMIs towards repayment against a loan of approx Rs.14,00,000/-. Against this default, bank foreclosed his loan account under SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT SECURITY INTEREST ACT, 2002 (SARFAESI) in Mid 2007.

Mr. Partha Roy approached Kolkata High Court and requested for Stay in proceedings under SARFAESI Act initiated by the bank but the High Court ordered the Union Bank to take its own course (order of High Court enclosed) .

Union Bank of India, took possession of Row House No- B – 15 on 24.08.07 under SARRFAESI Act by the Authorised Officer of the Bank. The Minutes dated 24.08.07 (copy attached) of taking possession, of the Row House and secured assets of Mr. Partha Roy and Mr. Pandav Roy, would clearly go to show that the borrowers Mr. Partha Roy and Mr. Pandav Roy, had voluntarily delivered physical possession of the Row House and secured assets which were taken in possession in his presence by delivering a copy of the possession notice as per Rule 8(1). As per the Minutes, the house was found to be vacant and only some unused utensils and clothes were found lying inside the premises, inventory of the same was made as per Rule 4(2). The Minutes were drawn in presence of witnesses and was duly signed by Mr. Partha Roy.

The said Inventory was prepared on 24.08.07 at 3.30 P.M. in presence of Mr. U. K. Sinha & Mr. Srikant Das. The Inventory was also signed by Mr. Partha Roy. In the said Inventory it was clearly stated that only the following articles were found.
1) Aluminium Trolley
2) One plastic chair
3) 3 cartoons containing utensils etc.
4) One bag with old clothes
5) Kitchen utensils
6) Five ceiling fans
7) Light fittings

The estimated value stood at Rs. 5,000/-. It was further stated in the inventory that all the movable items were kept in the house which was taken possession in presence of Mr. Partha Roy. It was further laid down in the inventory that according to Mr. Roy, “the items are used and household one without any value”.
In the light of the Minutes and the Inventory that was prepared on 24.08.07, it is clear that the property was re-possessed by Bank and Merlin Projects Ltd was not involved in such recovery process by Bank, as such, all allegations and claims made by Mr. Partha Roy against Merlin Projects Ltd. are totally absurd and frivolous and without any legal force.
The Order passed by State Consumer Disputes Redressal Commission in favour of Mr. Partha Roy and his son is stayed by National Consumer Disputes Redressal Commission on the grounds:

(1) Mr. Partha Roy has cunningly not made Union Bank of India a party in the aforesaid case

(2) Mr. Partha Roy has intentionally suppressed many facts of the case including his defaults of payment which was to be made to the bank as EMI and to us against the Earnest Money (Rs. 1,93,750/- and the most important fact that the Union Bank invoked SARFAESI Act due to default.

Mr. Partha Roy should update his website with the aforesaid facts and stop misleading people.


After the re-possession of the Row House by bank, Mr. Partha Roy started creating red herrings by way of raising baseless disputes, in the matter and thereafter, sending various letters, complaints and e-mails to different forums.

With regard to the complaint before the Learned Chief Judicial Magistrate, this is nothing but an exercise to harass us. The Learned Chief Judicial Magistrate has directed the Police Authority to investigate into the matter. There is no Order to proceed against us as claimed by Mr. Partha Roy. Truth will prevail.

As a matter of fact, the motive of Mr. Roy is to harass us and squeeze money from us as per subsequent letters sent to us (Copy attached).

The e-mails sent and website created by Mr. Partha Roy are full of wrong information created as per the convenience of Mr. Partha Roy. However, the attachments will throw light on the actual story.


For and on behalf of

Merlin Projects Ltd.

List of Attachments can be seen at link. http://sites.google.com/site/proysdocsandfacts/home/asd

1. CIBIL Report in the name of Partha Roy
2. CIBIL Report in the name of Pandav Roy
3. Information from bank about bouncing of cheque
4. Letter from the bank informing default by Mr. Roy.
5. Order of High Court
6. Order passed in proceedings of SARFESI Act
7. Minutes signed between the bank and Mr. Partha Roy recording the repossession by bank.
8. Letter sent to us by Mr. Partha Roy requesting us to give him another bungalow.

amit_2009

Good work merlingroup!

I am sure this is a sign of great company in the making.

most builders would have just ignored online opinions in their arrogance. But taking the time to present the facts and expose a fraudster is great work indeed!

Your approach to customer service and maintaining company reputation is much appreciated and should be an eye-opener in the construction industry. Best Wishes!

roycalcutta

BIRDS OF A FEATHER FLOCK TOGETHER
ANSWER TO THE COMMENTS MADE BY 'AMIT'

To know the full truth please search Google using the tag "merlin projects ltd union bank cheating".
If the complaints made by Mr. Partha Roy did not have adequate merit then the Police would have not been directed by the Hon'ble CJM & the Hon'ble Addl. CJM to investigate two separate criminal cases U/S.156(3) against Merlin Projects Ltd for offences committed U/S: 420/406/427/380/120(B) IPC.
Moreover, an order has been passed U/S 144(2) prohibiting Merlin Projects Ltd and their purported buyer - one Murarka Advisory & Holdings Pvt. Ltd, to refrain from entering the premises because the said sale made in violation of High Court Orders is invalid.
The CIBIL issues brought up by Merlin Projects Ltd has no bearing on the case and another criminal complaint has been filed against Mr. Sushil Mohta for Breach of Privacy & Confidentiality as shown below:
From:
Mrs.Uma Roy
Apt. 3B/C, Siddharth Golf View, 27/4 PGM Shah Road, Golf Green, Kolkata 700095.
Tel: 033 24990504, Cell: 9002068624

To:
Mr. P.K Surekha
President
CREDAI Bengal

Dear Sir:

From your website I noted that the declared objective of CREDAI West Bengal is as under:

"To perpetuate an ethical code of conduct, which is self-imposed & mandatory for all the member developers/builder of CREDAI to maintain integrity & transparency in the profession of real estate development".

In this connection, I reproduce below e-mails exchanged by one of your Committee Members, Mr. Sushil Mohta, Managing Director of Merlin Projects Ltd with his relative, Mr. Navneet Baheti a property agent based in Hyderabad:




Navneet Baheti

to director, me, vikash


show details

Sep 22





CIBIL reports attached.

Rgds,
Navneet


director wrote:


Dear Navneet,

I would like to know the CIBIL Report of the followings:

1) Pandav Roy, son of Mr. Partha Roy, date of birth 22.11.1977 residing at

(a) 31/2A, Sadananda Road, Kolkata – 700 026.

(b) Apartment No. 3B & 3C, Siddharth Go, 27/4, Prince Gulam Mohammad Shah Road, Golf Green, Kolkata – 700 045.

2) Mrs. Uma Roy, wife of Mr. Partha Roy date of birth 02.09.1952 residing at

(a) 31/2A, Sadananda Road, Kolkata – 700 026.

(b) Apartment No. 3B & 3C, Siddharth Go, 27/4, Prince Gulam Mohammad Shah Road, Golf Green, Kolkata – 700 045.

For your information Mrs. Uma Roy had a credit card, the detail is as under :

SBI 4317575209025502

Mrs. Uma Roy also had some bank accounts in SBI & Union Banks. Her Passport No. A8153183.

Regards

Sushil Mohta


"Print this mail only if absolutely necessary. Save Paper. Save Trees."
"This e-mail message may contain confidential, proprietary or legally privileged information. It should not be used by anyone who is not the original intended recipient. If you have erroneously received this message, please delete it immediately and notify the sender. The recipient acknowledges that ICICI Bank or its subsidiaries and associated companies, (collectively "ICICI Group"), are unable to exercise control or ensure or guarantee the integrity of/over the contents of the information contained in e-mail transmissions and further acknowledges that any views expressed in this message are those of the individual sender and no binding nature of the message shall be implied or assumed unless the sender does so expressly with due authority of ICICI Group. Before opening any attachments please check them for viruses and defects."



2 attachments — Download all attachments


Pandav Roy.pdf
35K View Download





Uma Roy.pdf
22K View Download



It may be noted that the webmaster of ICICI Bank has confirmed that the above e-mail reply sent by Mr. Navneet Baheti was routed through the ICICI Bank server.

It may be further noted that the applicable rules for accessing a confidential Credit Information Report or "CIR" from CIBIL are as under (source: www.cibil.com)

Access to CIBIL Information (FAQ)



Q.15: Who can access CIRs?



Ans: “Reports can be accessed by Members on the principle of reciprocity ie only those Members who have provided all their data to CIBIL are permitted to access CIRs. Members can do so only to take valid credit decisions. Disclosure to any other person or entity is prohibited”.


In connection with the above, I seek your kind clarifications on the following points 'without any prejudice' and without relevance to any other dispute/s that my family members may have with Mr. Sushil Mohta:

1. As the President of CREDAI Bengal, after taking into consideration the above mentioned rules of CIBIL, do you feel that the action taken by Mr. Sushil Mohta in accessing confidential information pertaining to my son & myself from CIBIL in violation of CIBIL rules was ethically correct and in line with the declared objective of CREDAI?

2. If in your opinion the action taken by Mr. Sushil Mohta was unethical then to uphold its reputation and integrity will CREDAI Bengal take any steps against the said errant member Mr. Sushil Mohta?

With Seasons Greetings

Mrs. Uma Roy