Indian Expat Sentenced To Prison, Deportation Acquitted Over Villa Rental Fraud

(MENAFN- Khaleej Times) An Indian expat in Dubai who was sentenced to prison and deportation over a villa rental fraud he knew nothing about has been acquitted by the Sharjah Court.

The man, who holds a senior position at a well-known company in Dubai, owns a villa in Sharjah jointly with his father. He was named as the third accused in a criminal case after a prospective tenant was defrauded of Dh104,000.

How the fraud unfolded

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The villa owner approached a Sharjah-based real estate company to advertise his property for rent. He provided a copy of the villa's registration certificate for advertising purposes on a property website but did not grant the company a Power of Attorney to rent out the villa or collect payments on his behalf.

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A woman who saw the advertisement online agreed to rent the villa for an annual rent of Dh104,000. The brokerage prepared a one-year tenancy agreement and instructed her to transfer the full annual amount to its bank account. The owners of the brokerage - the first and second accused in the case - personally showed her the villa.

When the tenant asked for a Power of Attorney from the villa owner, the company assured her it was unnecessary, claiming the owner would send an email confirmation and that villas were usually rented through this procedure. A fraudulent email was then created using an address resembling the villa owner's to make it appear as though the confirmation came from him.

Believing the company's representations, the tenant transferred the money to the company's bank account. The tenant was promised possession of the villa within ten days. However, when she tried to contact the broker after ten days, his phone was switched off. She filed a police complaint, and a criminal case was registered against three individuals, including the villa owner.

Arrested at the airport

Unaware of these developments, the villa owner did not realize that he was implicated in a police case. He learnt of it only when he was detained at the Dubai International airport to travel to his home country.

The mobile phone number recorded in the case file did not belong to him, so he never received any notification from the police, the Public Prosecution or the Court about the proceedings.

He also found that the Sharjah Court had already sentenced him to one year in prison followed by deportation. He was taken into custody and sent to prison.

At the request of the defendant's father, Advocate Shamsudeen Karunagappally, Senior Legal Consultant at Ayesha AlDhaheri Advocates and Legal Consultants, stepped in for legal proceedings. The accused was subsequently released on bail, and an appeal was filed

The legal team submitted a detailed memorandum along with supporting evidence explaining the facts of the case and establishing their client's innocence. While delivering its judgement, the Sharjah Court acquitted the villa owner of all charges.

The court accepted the lawyer's arguments that a person cannot be held criminally liable merely because he owns a villa or because he provided a copy of the villa's registration documents. It also accepted that there was no documented evidence in the case file establishing that the accused had any involvement whatsoever in the alleged criminal offence.

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