Vadodara-Based Northway Spaces told to refund money for not giving Flat Possession

VADODARA: City-based real estate company Northway Spaces Limited (earlier known as Mayfair Space Limited) has been directed to pay Rs 1.5 lakh with interest of 8% and Rs 6,000 towards mental harassment and legal cost to Ravi Solanki, a resident of Gorwa, by the district consumer forum.

Solanki had bought a flat in ‘Eklavya’ scheme of the company in Gorwa for over Rs 9 lakh and had signed an agreement in December 2015. After paying Rs 1.5 lakh, when he did not get possession, Solanki approached the consumer forum in February last year against Sangram Barot, authorized person of the company, and Mona Amit Bhatnagar, Richa Sumit Bhatnagar and Madhurilata Suresh Bhatnagar, who are directors of the company.

In his complaint, Solanki stated that he paid the money through different cheques and for the remaining amount, he had applied for loan. He told the court that he was told that he will get the possession of the flat in 2016. But when he went to the site after his loan was approved, he learnt that the developers had only constructed four towers instead of 43 and construction was only up to six slabs instead of 13 and there were no internal walls.

His complaint stated that plaster work of the building was pending, besides the incomplete sanitation work, electrification, elevator in the building, water and drainage connection and doors and windows. The brochure mentioned that high quality lights, multipurpose ground, multipurpose court, retail plaza, ‘vyayam shala’, RCC roads, street lights, garden, jogging track, children play area and parking space will be provided, but nothing was provided, Solanki told the court.

In November 2016, when Solanki went to enquire about the property, he was not given a proper answer and was asked to leave. Later when he was told that he will not get possession by the end of 2017 he asked for refund of his money. He told the court that in two years the price of the property appreciated by Rs 5 lakh therefore in his complaint he asked for a refund of his money along with interest applicable since December 2015 and the appreciated value of his property.

During the hearing the authorized person and the directors of the company did not remain present. The court considered the sale agreement, brochure, and receipt of the token amount as evidence and ordered that since the company’s authorized person and directors failed to handover possession of the property to Solanki, he should be given his money along with interest.

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Court orders Mumbai-based Dhanista Builders to refund money to 11 home buyers

Court orders Mumbai-based Dhanista Builders to refund money to 11 home buyers

A Sessions Court has directed city developer Dhanista Builders to refund principal amount of Rs 2.19 crore to 11 home buyers who had booked flats in three SRA projects in Ghatkopar, Powai, and Mulund. The refund has to be made on or before the next hearing on April 25.

Additional Sessions Judge MM Umar’s directive came during an anticipatory bail application hearing last week. The application was filed by developer Devidas Rao and his family of Dhanista Builders and Developers after Parksite police station in Vikroli lodged an FIR against Rao and four others under section 420 (cheating).

A group of 11 home buyers who booked flats in saleable component of proposed SRA projects had lodged the FIR under section 420, 406 (punishment for criminal breach of trust) and Section 4 of the Maharashtra Ownership of Flats Act (MOFA) (nonregistration of registered agreement after accepting 20 per cent flat cost). The FIR names Rao, along with his son Tejasvi Rao, daughters Nandita and Soparnika Rao, and an employee Bhavna Menon.

According to the FIR, Rao and his family cheated them by making false promises to construct three SRA projects in Ghatkopar, Mulund, and Powai and accepted varying amounts ranging from Rs 4 lakh to Rs 75 lakh from 2010 to 2015, but did not construct the projects at all.

Swati Thorat, a resident of Kisan Nagar, Thane, said she paid Rs 14.36 lakh or 40 per cent of their flat consideration in July 2013 for a flat in Dhanista Allure in Gawanpada, Mulund, with possession promised by December 2015, but the developer neither constructed nor refunded the money.

Another home buyer, Rupesh Manjule, told Mumbai Mirror, “The developer lured us with attractive offers, promising modular kitchen, a semi-furnished flat, and even a Nano car. The rate sounded like a good deal, so my brother Raviraj took a mortgage loan, and paid Rs 24.60 lakh up front for a flat in Dhanista Gardenia, but even today not a brick has been laid there.” Dhanista Gardenia’s location is opposite L&T in Powai.

When contacted, Tejasvi and Nandita Rao did not respond to repeated calls and messages. Their lawyer Saikumar Pathrudu told Mumbai Mirror “My client faced problems in getting sanctions from Slum Rehabilitation Authority. We have told the court that we will refund the principal amount by April 25. The court said interest will be paid later.”

Home buyers’ advocate Chitra Salunkhe said, “The developer said he was ready to give cheques, but I insisted that such cheques often bounce, and hence they should give a demand draft, and the interest should be paid subsequently.”

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MahaRERA asks Sheth Group to waive off buyer's 5% payment for possession delay

MahaRERA asks Sheth Group to waive off buyer's 5% payment for possession delay

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has asked realty developer Sheth Infraworld to waive off the balance 5% consideration to be recovered from a homebuyer against delay in delivery of an apartment.

Even after paying 95% of the consideration a home buyer is yet to receive the possession of her flat in the developer’s project Sheth Midori in Borivali suburb of Mumbai. The regulator has directed the builder to treat the 95% payment received as full and final consideration in lieu of the interest on delay, payable by the developer.

MahaRERA has also directed the developer to give possession by March 31, 2018. The home buyer and complainant Neha Agrawal had sought interest on the payment made by her to the developer because of no delivery until stipulated period of October 2016. The developer cited stop work notices, demonetisation and heavy rainfall as reasons for the delay.

“After hearing the arguments, it is hereby directed that the developer shall handover possession of the apartment with Occupation certificate to the home buyer before March 31, 2018. Failing which he will be liable to pay interest. Further, in lieu of the interest on delay, payable by the developer, the developer shall not demand any further payments due consideration of the said apartment and treat the 95 per cent payment received from the home buyer till November 2016 as the full and final consideration for the apartment,” Gautam Chaterjee, chairman, MahaRERA said while passing the order.

The lawyer representing the developer argued that the clauses in the agreement of sale allowed a delay for certain reasons. The reasons included act of God, prohibitory order of any court, delay in grant and permissions and others. MahaRERA held the reasons given by the builder for delay as general in nature and the authority further added that on basis of the argument a period of two months delay may be allowed.

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Gurugram's GPL Eden Heights under scanner for common area design

Gurugram's GPL Eden Heights under scanner for common area design

GURUGRAM: The district town planner, Gurugram, has referred the issue of flawed building design and “unwarranted” construction of a tennis court in the green area of GPL Eden Heights, Sector 70, to the senior town planner (STP).

The move has come as a relief to residents who are miffed with the builder for turning the green area in front of E Tower into a tennis court and have been complaining of seepage of water into the basement of D Tower and subsequent weakening of pillars on which their apartment stand.

In a letter to residents, the DTP has informed, “Your complaint is being forwarded to the STP for examination... The complaints of falling of plaster due to weak structure and other issues are being forwarded to the builder for comments.”

Residents of Tower D have been reeling under the fear that the pillars on which their apartment building stand could collapse any time as water is seeping out from the ceiling of its basement over which a garden is spread. “The issue has been pending for one-and-a-half years. We began noticing seepage at many places in the basement. We constantly wrote about it to the developer. Finally, nearly three months ago, the builder sent a team to fix the issue. But we are still grappling with this problem,” said Singh, adding, “We are now realising that it must be a design flaw because we keep fixing one seepage after the other and yet they eventually show up.”

Residents have also alleged that the builder did not ask for their permission for a tennis court in an area marked as a green belt in the original brochure they got during purchase of the property in 2013. “For the past three years, they have been constructing this tennis court on what was supposed to be a green area in front of my house,” said Manish Raina, a resident of E Tower.

Residents said the tennis court, along with the badminton and basketball courts, was meant to be built in another area. “However, the builder turned that area into an open parking and is planning to sell it off and the tennis court is being built in the green area. When we enquired about it, the builder said the township would still have the amount of green area mentioned in the brochure. But how can they make this arbitrary re-alignment without taking our consent?” asked Jasvinder Singh, another resident.

Somika Chandhok, another resident, who filed a petition in the matter with the NGT in January 2017, said, “We kept going from one authority to another but to no avail. We want the RWA, which is still with the builder, to restore the green area.” GPL Eden Heights is spread over 11 acres and has nearly 580 units with nine towers.

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DTCP directs Ardee City developer to build infra before April or hand over land

GURUGRAM: The department of town and country planning (DTCP) has directed the developer of Sector 52-based Ardee City to construct basic community facilities before April or be ready to hand over the land earmarked for the same to the government.

The department shot off a notice to developer Ardee Infrastructure Private Limited in this regard on January 18 after residents poured their ire on the CM Window, complaining about non-availability of community facilities such as school, dispensary, shopping centre, place of worship and infrastructure like road, sewer and PNG gas lines.

Spread over 200 acres, Ardee City — with more than 2,800 units and group housing flats that collectively house around 20,000 people — was developed in 2002. However, even after so many years and repeated complaints, the residents are still waiting for the community facilities that were promised in the project plan.

Under Section 3(3)(a)(iv) of the Haryana Development and Regulation of Urban Areas Act 1975, the developer is liable to construct school, hospital, community centre and other community building or get them constructed by any other agency or individual contractor on the land earmarked for them within the specified time. Either way, the cost of construction is to be borne by the developer. Failing to do so, the government can take over the land earmarked for such facilities for free and, subsequently, may transfer it to a person, institution or local authority for building the infrastructures mentioned above.

In fact, last year, the state government also amended the rule to fix a deadline for private developers to complete such facilities. Officials said as per the amended rule, developers of plotted colonies, which had received licence before 2012, had to build these community facilities within a period of four years (by 2016), extendable by another two years.

Vice-president, Ardee Infrastructure, said they were waiting for the approval of the zoning plan. “As soon as we get the approval from the department concerned, we will start construction for community and religious sites,” he said, adding that as a company policy, they would not do anything without a necessary approval. He also criticised the residents for filing such complaints and wasting time of the government.

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No bail for Divya Builders, CA in land dispute case in Nagpur

No bail for Divya Builders, CA in land dispute case in Nagpur

NAGPUR: The civil court of AV Dixit has rejected the anticipatory bail application of prominent chartered accountant Narayan Demble of M/s Demble & Ramani along with that of Kamlesh Dadhe of Divya Builders in a multi-crore land dispute.

The duo had filed for the anticipatory bail following a complaint by Naved Ali of M/s Pyramid Realtors with the special investigating team (SIT) on June last year. The SIT was appointed by the government following large number of alleged fraudulent land deals in the city and fleecing of innocent customers by land sharks exposed in the Gwalabanshi episode.

Naved Ali has almost a decade old dispute running with Demble and Dadhe. Pyramid Realtors had in the complaint before SIT alleged that they had paid Rs18.22 crore to them but they failed to deliver the promised 8.5 acres of land at Chinchbhuvan on Wardha Road.

The complainant also alleged that 6.5 acres of the land was under DP reservation, a fact deliberately not disclosed by Demble and Dadhe while signing the deal.

After Ali’s complaint, the duo entered a fresh agreement with Pyramid for a settlement but just then they got an inkling that the SIT was being wound up and the duo kept postponing registration of the land. The complainant again took up the matter with the SIT on September.

Taking advantage of the wrapping up of SIT on October last year, Demble and Dadhe applied for ad-interim bail though no FIR was filed against them till that date at the Sonegaon police station. The ad-interim bail was granted but the anticipatory bail application was rejected by the court on January.

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Homebuyers stage Protest against Developer over delay in getting possession of flats

GHAZIABAD: Scores of home buyers, who have bought flats in KM Residency in Rajnagar Extension, on Sunday staged a protest at Sihani Gate police station against the developer for delay of over two and half years in giving them possession of their property.

Of the 406 flats, around 300 have already been bought, home buyers said. On the other hand, the developer, SRB Promoters, claimed that the firm is facing a fund crunch, thereby failed to complete the project on time.

“The project was launched in 2011, and the developer had agreed to hand over the possession of flats, but even after two and half years, the project is far from complete. Several meetings were also held with the firm directors in this regard, but no positive outcome came out of it,” said Surendra Negi, a CRPF personnel, who had booked a three-bedroom flat in KM Residency.

The buyers said they have been pursuing the matter with the Ghaziabad Development Authority, Real Estate Regulatory Authority and other state authorities for early resolution of the issue over a year now. Even as several buyers have written to the prime minister and Uttar Pradesh chief minister highlighting the issue.

After lodging a complaint with the Sihani Gate police, the group of buyers also met senior superintendent of police (SSP) HN Singh, who assured them of action in the matter. The buyers were told to meet him after a week.

When contacted, Harendra Singh Khokhar, director of SRB Promoters, said, “Around 100 flats of this particular group housing society are unsold a present. The firm is facing a fund crunch and trying to get a bank loan. Almost 90% of the construction of the society is complete, and it will take just three-four months to complete the remaining work from the time we get the fund.”

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Bombay HC issues non-bailable warrants against Bhakti Enterprises promoter

MUMBAI: Bombay high court on Tuesday issued non-bailable warrants against builder Jayant Mehta and directed the Mumbai police commissioner to produce him on Wednesday morning. Justice Shahrukh Kathawala passed the orders after the developer failed to appear before court despite previous orders. The bench was hearing petitions filed by Khambhati Modh Vanik Samaj, a public charitable trust, which had entered into a development agreement with Bhakti Enterprises, run by Mehta, to redevelop a property in Kandivli. 

“Prima facie, I am satisfied that Jayant Mehta has cheated the petitioner trust, who is owner of the property; the tenants in the 40 tenements; and the flat purchasers who have paid him on the basis of his representation that he will provide them ownership flats,” the judge observed in an earlier order. 

“He also indulged in double sales of flats and has thereby put everyone in difficulty. He has not paid tenants compensation in lieu of temporary alternate accommodation, because of which they are virtually on the streets,” the court had said.

The judge had said it was necessary to get details from Mehta about “amounts he has received from several individuals by promising to provide ownership flats to them, and as to where the amounts have been deposited by him and also particulars of his assets”.

Advocate Vishal Kanade, counsel for the samaj, said the trust had cancelled the development agreement with Mehta as he defaulted. Tenants and flat purchasers have filed first information reports against Mehta. They also intervened in the petition filed by the trust. “The developer accepted multiple bookings for the same flat and cheated flat purchasers. Despite court orders, he failed to remain present,” said advocate Anand Jondhale. A sessions court had rejected Mehta’s plea for anticipatory bail and his appeal against the order is pending before the HC.

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NGT issues notice to MoEF over Signature City Project in Kanpur

NEW DELHI: The National Green Tribunal has issued notice to the Ministry of Environment and Forests (MoEF) to show cause why it has not considered a plea challenging the construction of Signature City Project in Kanpur.

A bench headed by acting NGT Chairperson Justice U D Salvi rapped the MoEF for not hearing the petitioner in the case and directed it to file reply in this regard by January 24. "Issue notice to the Ministry of Environment and Forests as to why they have not dealt with the said application if not already dealt with," the bench said.

The tribunal had last year in November disposed of the plea filed by journalist Ashwini Yadav seeking a stay on Signature City Project as the Kanpur Development Authority has not obtained the 'no objection certificate' from the state environment department.

The order had come after the lawyer for the MoEF had assured the bench that that they would deal with the application for obtaining the environmental clearance as expeditiously as possible, not later than four weeks. Yadav then filed another plea in the tribunal seeking execution of the NGT's November order. The plea, filed through advocate Prashant Shukla, alleged that construction wall of the project was touching the wall of the adjacent Allen Forest Zoo putting the lives of fauna to risk.

Signature City Project's construction site is adjacent to the zoo. A lot of dust particles of cement, sand, soil, and other chemical particles is generated at the construction sites. Due to which it has become the cause of the illness of the animals, birds and creatures there. These dust particles are hazardous for the health of animals, birds, and creatures in the zoo.

These dust particles are adversely affecting the breathing system of the birds there. When the amount of Particulate Matter increases in the atmosphere it causes diseases in human beings as well. These animals and birds are prone to these diseases due to the air pollution and Particulate Matter generated there in construction site," the plea said. KDA's Signature City Project is being constructed in Vikas Nagar in Kanpur district. It is a project for the construction of luxury hotels, flats and commercial purposes.

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Rajasthan RERA acts against 4 builders for violating norms in Jaipur

The Real Estate Regulatory Authority (RERA), Rajasthan on Tuesday has taken action against four developers who were allegedly violating the norms. The authority imposed fine on two developers, while it issued showcause notices to two developers for advertising their projects without getting registered under the RERA (Rajasthan).

Developers of two housing projects, Ginni Homes and Galaxy Manglam Grand City, were imposed with penalty of four times project fee for not depositing required documents even after registering the project online with RERA. An official said, “These two developers have violated section 3 of RERA Act 2016. The authority has provided 15 days time to deposit the penalty. In case, the developers fail to adhere to the given deadline, the authority will cancel the project registration and take action as per the norms.” Similarly, notices were issued under the RERA Act 2016 to Shubham Group and Manglam Builders for advertisement of project without prior registration.

The authority has directed these developers to stop such illegal action immediately and explain in writing within the seven days. “The authority would impose penalty if these developers are found guilty. In case, the explanation is not submitted within given time, the authority may pass necessary decision in accordance with the law,” further reads the notice.

Manglam Build Developers Ltd was allegedly found guilty for publishing advertisement in newspaper inviting booking for Manglam Aroma project in Patrakar Colony. Similarly, Shubham Group allegedly published advertisement for Shyam Vatika, a residential township, which is coming up on Diggi Road. The RERA was introduced with an aim to bring more transparency in the existing system and protect the interest of home buyers. As majority of developers have registered their ongoing projects in the state with (RERA) in urban areas, the residents can heave a sigh of relief.

The consumers wishing to register their complaints with the regulatory authority can go ahead after seeing the registered project profile on the RERA online portal, in case they feel duped. Those who have booked their flats in a residential complex and their developer has not registered on portal can also inform the authority.

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Realtor held for cheating home buyers - Cheated Buyers

Odisha: Realtor held for cheating home buyers BHUBANESWAR: The economic offences wing (EOW) of Crime Branch here on Friday arrested Durga Prasanna Mishra, a real estate developer, for allegedly cheating home buyers of nearly Rs 5 crore. Mishra is the managing director of Shree Baladevjew Infrastructure Private Limited.

The EOW registered a cheating case against Mishra on January 31 after receiving a number of complaints from duped victims. Mishra had opened his office in Cuttack's Jagatpur. "We found that he has collected nearly Rs 5 crore from over 200 persons between 2011 and 2012. He failed to complete his housing project, Tulasi Garden, in Manguli and cheated people. Mishra did not even refund the money to victims," said inspector general of police (EOW) R K Sharma.

EOW said 43-year-old Mishra forayed into real estate business in 2011. "We came to know that he had set up a spice unit in Jagatpur in 2001. After making some money, he bought land in Manguli and started a real estate business. A bank had sanctioned Rs 7.95 crore loan in his favour," another EOW officer said.

Cheated home buyers said Mishra had been harassing them since long. "He assured to give us our houses by 2015. We were forced to approach the EOW when he reneged on the deal," said Pankaj Mohanty, a duped investor.

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NCLT initiates insolvency proceedings against Era Housing

NCLT initiates insolvency proceedings against Era Housing

 
Delhi bench of the National Company Law Tribunal has given its nod for corporate insolvency resolution process against Era Housing and Developers (India) Ltd. The insolvency process was initiated at the request of state run IFCI Ltd. which had stated that the firm has been a non-performing asset (NPA) on its books since 2013. The firm owes around Rs 150 crore.

The NCLT bench set aside the arguments made by the counsel of the corporate debtor that the financial creditor, IFCI had already filed a winding up application in Delhi High Court and further invoked action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act of 2002.

The court in its judgement observed that the plea made by the corporate debtor is devoid of any merit. “In pursuance of the Section 13 (2) of the code we direct that public announcement shall be made by the interim resolution professional immediately with regard to admission of this application under Section 7 of the code,” it said.

A senior official with IFCI said that the committee of creditors would prefer to restructure the loan if any developer comes with a sustainable resolution plan. “If there is a restructuring proposal which is viable we can look at it,” he added.

As per the documents submitted to the court the encumber property is valued at around Rs 229 crore, however, another official aware of the development said that these are highly inflated numbers given this property includes Adel Green World Project. “This project has residential houses and the developer has already sold some of the units. It will be very difficult to do an asset strip or go for liquidation,” he added.

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Harassment by Real Estate Developer - Cheated Buyers

Harassment by Real Estate Developer - Cheated Buyers

Real Estate developer - PACIFICA INFRASTRUCTURE has come out with its flagship township in Chennai. The township is called Pacifica Aurum. I have booked a flat in their Pride towers and have been paying them based on their commitment to deliver the project by 2015.

Even after 3 years delay the project is nowhere close to completion. While the builder forced consumers to pay for delay in instalments (even as little as a few weeks), it is now close to 3 years since the project completion is delayed. The developer is neither paying the interest delays nor is completing the project.

This developer has broken every norm of advertising, by misleading advertisements, promising an club house of large proportions (Check their website for the nonexistent amenities). This is clearly a breach by RERA guidelines. The consumers have also filed an infringement notice to Tamilnadu RERA chairman to freeze this developer's license.

A large group of buyers have joined together forming an association, to fight their cause in the NCDRC (National consumer redressal commission) in Delhi. Now the developer has started bullying this association members by threatening to cancel their booking, if they do not withdraw their complaint in NCDRC. They are forcing the consumers to sign away their rights in a written undertaking.

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Complaint against Merit magnum money magnum vimal builders terraform realty

Dont buy to get cheated and money wasted for cruel Money magnum builder

The builder Nainish shah and his partners are cheaters. They have litigations for this project as per RERA which was hidden from buyers. They changed date of possession to 2025. The quality of work is pathetic and substandard amenities like water purifier.

The Money Magnum sales staff is careless who don't respond at all and extract more money like labour cess etc.

Delayed possession to 2025 on RERA although agreement was earlier date

The builder Nainish shah and his partners are cheaters. They have 2 litigations for this project as per RERA which was hidden from buyers. They changed date of possession to 2025. The quality of work is pathetic and substandard amenities like water purifier.

The sales staff is careless who don't respond at all and extract more money like labour cess etc. Don't buy in Lotus or white house project in thane kasarvadavali.

Have many litigations and possession delayed by 5 years

The builder Nainish shah and his partners are cheaters. They have many litigations for this project as per RERA which was hidden from buyers. They changed date of possession to 2025. The quality of work is pathetic and substandard amenities like water purifier.

The sales staff is careless who dont respond at all and extract more money like labour cess etc.

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Pune-based Wadhwani Commercials charged with grabbing Rs 7 crore land

PUNE: In a case of major land fraud, a Pune resident has claimed that his land worth Rs 6.92 crore has been grabbed by another person by forging the documents. Khemchand Bhojwani, a resident of Park Street in the Wakad area has lodged an FIR with Sanghavi police that his land, situated at Pimple Saudagar, is being claimed by Naresh Wadhwani, a renowned builder from the city.

As mentioned in the FIR, the complainant has stated that the land belongs to him and the agreement for it dates back to the year 2010. The complaint adds that that it was in 2011that Naresh Wadhwani, who owns Wadhwani Commercials, forged the documents and got the land transferred to his name. Bhojwani claims that Wadhwani is taking possession of the land fraudulently.

“I had this land registered in my name in 2010 and I have all the supporting documents with me. My land is worth Rs 6.92 crore at present. Trouble started in 2011 when I got to know that Naresh Bhojwani had taken possession of my land. We tried to resolve the dispute till 2014 as a settlement looked possible. I was assured that everything would be resolved soon but nothing has happened till date and now Wadhwani refuses to vacate my land,” Bhojwani said.

Police have registered a case against Naresh Wadhwani under section 420 (Cheating and dishonestly inducing delivery of property), 406 (punishment for criminal breach of trust) and 34 (acts done by several persons in furtherance of common intention) of the IPC has been registered.

“The property belongs to us and we have the permission under section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948. We have all the documents and even in 2015, the district court Pune had given the verdict in our favour. We do not understand why this person (Bhojwani) does not abide by it. All he is producing as evidence is documents under development agreement power of attorney (DAPA), which is an agreement and can be made by anyone. We will file a complaint in this matter soon,” Naresh Wadhwani, told Mirror.

The police, for their part, have said that an FIR has been registered in the case under the sections mentioned. “Right now the investigation is being done on the basis of documents provided to us and we will look further into it to decide what is to be done. We have been told that some other people are also involved in this transaction and we have named them in the FIR as well,” said Amit Balasaheb Shete, police sub-inspector attached with Sanghavi police station.

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Pune Realtor EIPRO International told to hand over flat to buyer

Pune Realtor EIPRO International told to hand over flat to buyer

The state consumer disputes redressal commission has ordered Mumbai-based realty firm EIPRO International Limited to hand over the possession of a flat in a housing project at Mouje Chinchwad to its purchaser within two months. The commission also directed the firm to pay Rs2.25 lakh compensation and cost to the purchaser for causing mental agony due to the seven-year delay in possession. 

Lawyer Dnyanaraj Sant had filed the complaint on behalf of Sanjay Kaledhonkar seeking directions to the realty firm to hand over possession of the flat after accepting the remainder of the amount towards the total consideration and also a compensation at the rate of Rs10,000 per month from March 31, 2011 when the flat was agreed to be delivered.

The bench, however, observed that the agreement did not carry any clause to the effect of paying such amounts in case of delayed possession, hence, the complainant was not entitled to Rs10,000, per month, compensation as demanded. The bench though added, “As there is delay in completing the construction and possession of flat is not yet handed over even after payment of more than Rs25 lakh out of the Rs28.08 lakh consideration, the complainant must have suffered mental harassment and hence complainant is entitled for some amount on that account. We find that an amount of Rs2 lakh is sufficient on account of compensation on that count.”

The realty firm had taken a stance that the possession of flat was not delivered on account of the remainder sum of Rs2.84 lakh besides, the construction of the project was delayed for reasons beyond its control. It contended that there was no cause of action for filing the consumer complaint. The bench observed, “Apart from the reasons mentioned in the written version, the fact remains that there is deficiency on the part of the realty firm in not handing over possession of flat within time as agreed. Hence, we find there is deficiency in service.”

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Promoter of Mumbai's Dixit Realties arrested in second cheating case

Promoter of Mumbai's Dixit Realties arrested in second cheating case

MUMBAI: The EOW on Tuesday arrested builder Shirish Dixit of Dixit Realties in another cheating case filed by a group of lawyers.

Last week, Dixit was arrested for allegedly cheating 21 tenants of a Wadala building. Dixit had entered into an agreement with the tenants in 2008 and promised to complete the redevelopment work in 34 months.

In 2015, the tenants learnt that he had mortgaged the property to Dhiren Patel of Sanghoi Group and availed a Rs 10-crore loan. In the new case, police said Dixit and other directors of his firm, under pretext of redeveloping Janki Nivas in Matunga, allegedly lured six advocates to invest over Rs 13 crore in his project, but sold it to Vijay Manjrekar.

But Dixit’s advocate Mohan Tekavde said he is already in police custody. “This is being done by some business competitors.” —S Ahmed Ali

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Shree Shubh Builders Developer cheating home buyers in Mumbai

Shree Shubh Builders (Glorious Construction Pvt. Ltd.) Developer cheating us (home buyers) for (THE ADDRESS) ANANDA RESIDENCY project in Mumbai

First Shree Shubh builders duped us of INR 35 lakhs and now Paradigm realty. Paradigm realty and Paradigm Ambit Buildcon — Non allotment of booked flat and cheating us with false facts. 

We had paid Shree Shubh Builders INR 35 lacs to book Flat No. 0901, admeasuring approx. 1120 sq. ft. area on the 9 th Floor in the B Wing of the Building (earlier named "THE ADDRESS" by SHREE SHUBH BUILDERS) Ananda Residency at Shimpoli Road, Borivali (West), Mumbai 400092, Final Plot No. 383, TPS Borivali III. Rera ID:P51800000204.

Having paid the said amount of 35 lakhs in 2010 and having the allotment letter we are being made to run from pillar to post by Paradigm Realty's Mr. Parth Mehta who has taken over the project claiming he has nothing to do with Shubh Builders - GLORIOUS Construction Company Private Limited and he did not take over any liabilities while taking over the project from them. 

In spite of sending a notice to Paradigm realty, and rightly also asking them to handover us copies of all documents pertaining to the said takeover from Shubh Builders and pertaining to the Project since there is a lot of ambiguity about Paradigm realty's takeover of the Project from Shubh Builders (Glorious Construction Company Private Limited), they have failed to honour it. 

Now of late we hear about the builders Uday Surve, Govind Somani, Arpit Samani and Rajendra Shah have been arrested. Its our hard earn money which involves lots of emotional, physical and monetary sacrifices. Mr. Parth Mehta claims he has no knowledge and hasn't heard from the other home buyers who have invested. Need redress of my compliant at the earliest.

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UP industries minister warns Noida builders of stern action

UP industries minister warns Noida builders of stern action

Industries minister Satish Mahana assured builders of necessary help to finish stuck projects but warned them of stern action if they fail to deliver flats to buyers.

A delegation of home buyers and realtors on Thursday met Mahana separately at the Sector 6 administrative building. “We will provide help to builders so that they can deliver flats to home buyers. We will not provide undue help to builders. If they do not deliver, we will do what they haven’t expected us to do,” the minister said.

Home buyers demanded action against builders who have delayed delivery of flats. They also demanded that the Noida and Greater Noida authorities ensure realtors deliver flats without further delay. A delegation of 30 home buyers met the minister. Another group of around 50 home buyers in Amrapali Zodiac and Unitech’s Unihomes protested at the Noida authority office because the minister refused to meet them. However, a delegation of five protesters was later ushered in by Santosh Kumar, an officer on special duty.

Chief minister Yogi Adityanath had directed the industries minister and officials to address home buyers’ issues at the earliest. “We briefed the minister about harassment of buyers by PAN Oasis builder for many years. It had allowed possession in an incomplete building and used poor construction material. Our builder has violated sanctioned building plans and constructed shops on the green area,” Kapil Kumar, a PAN Oasis buyer, said.

Noida authority chairman-cum-principal secretary for industrial development department Alok Sinha and chief executive officer Amit Mohan Prasad were also present. “Jaypee Infratech was supposed to give possession by 2011 in Aman housing project but the construction has been stopped for several years now. The UP government should seize Jaypee’s assets to finish stuck projects. Only holding meetings will not help,” said SK Nagrath, president of Jaypee Aman flat buyers’ association.

Supertech, Jaypee Infratech, 3C Group and ABA Corp, among others, met with the industries minister. “If the authority waives the interest, we will deliver projects with the help of escrow accounts, which will ensure that buyers’ funds cannot be diverted and is spent solely on finishing the housing project,” Vidur Bharadwaj, director of 3C, said. However, Mahana said they will waive interest for a 77-day period for 105 projects when NGT had stopped construction.

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Bombay HC halts construction by Hiranandani Developers in Powai

Social activists fighting land grab by builders have a reason to cheer. The Bombay High Court has restrained Mumbai-based Hiranandani Developers from carrying out further construction at a township it is developing in suburban Powai until it provides flats for the economically weaker sections of society. The court also put on hold the sale of the flats till further orders. 

The land was given on lease to Hiranandani in 1985 to build houses for poor. But in gross violation of all terms and conditions it built sky scrapers, housing societies and malls for the rich and the affluent. 

Reacting to the decision, the social activist says, “it is a victory for the struggles of the working classes of Mumbai who live in slums, bastis and chawls. They face eviction and are constantly termed as encroachers.” The interim judgment of the high court vindicates our stand and once again proves criminal nexus between builders, politicians and bureaucracy. We welcome the directions of the court and hope the land will be returned to the original owners or used for the urban poor, she adds. 

The high court bench comprising justice Mohit C Shah and Roshan Dalvi also accepted the charge of criminal intent and illegality in land allotment to Hiranandani Developers and building of Hiranandani Gardens. It said the petitioners are free to initiate criminal proceedings against the developers, state government and any other statutory authorities.

The court ordered the developers to construct 3,000 flats–1,500 flats of 400 square feet and 1,500 of 800 square feet – to be handed over to the state government. The government will then allot these to the lower income group and middle income group people at the rate of Rs 135 per square feet, the rate prevalent in 1985. The court accepted the contention that huge losses have been incurred by the government due to violations by Hiranandani Developers but didn't pass any judgement on that since there is a separate arbitration case ongoing in the Bombay High Court between the state and the developer. 

While posting the case for final hearing, the court directed Mumbai Metropolitan Region Development Authority, the Municipal Corporation of Greater Mumbai, state government, developers and petitioners to jointly prepare diagrams showing the extent to which the land has been used and how much remains to be used.

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Mumbai developer fights fire on 3 fronts - Lodha Developer

The year 2017 has not been particularly good for the Lodha Developers, at least not on legal front where one of Mumbai's biggest real estate firms has had to deal with at least three cases that brought their name under cloud.

The first big blow for the real estate biggie was a Maharashtra Real Estate Regulatory Authority order that forced the Lodhas to refund booking amount to a complainant who had cancelled his booking in Lodha's Ultima project in Thane. A homebuyer Roshan Nawale had lodged a complaint with the newly installed housing regulatory authority saying the developer was not returning his money even though he had cancelled his booking at Ultima in Thane. Sensing trouble, Lodha Developers ate the humble pie and agreed to return his money on the day of the hearing September 12 and paid Rs 1.08 lakh.

Another complaint against Lodha Developers was heard by MahaRERA on October 10. The complainant Sheo Pratap Singh informed the authority that he wished to withdraw the complaint to pursue the matter in a consumer court. "During the hearing, the complainant appeared through his Advocate Abhishek Gokhale and Advocate Rahul Wardhan represented respondent. The complainant filed an application for withdrawal of complaint as he wants to approach the Consumer Court. The same is accepted," the MahaRERA order reads. Singh had approached MahaRERA seeking interest and compensation for undue delay by the developer for handing over possession of a flat.

But the biggest blow was alleged case of stamp duty evasion by the Lodha Developers in a land transaction in Wadala where the Mumbai Collector of Stamp Duty slapped a notice of Rs 470 crore seeking dues and penalties for alleged stamp duty evasion. The land deal was worth Rs 5,700 crore.

The Inspector General of Registration (IGR) Maharashtra is expected to pass an order soon the matter. The matter even went to the Bombay High Court, which asked the developer to pay Rs 202 crore. A hearing regarding the same is in process with the IGR. IGR Anil Kawde said, "I am yet to pass an order in the matter." A spokesperson for Lodha Developers claimed the entire amount of Rs 200 crore had already been deposited.

Also read other news of Lodha Developers

• Lodha Developers to file for $1 billion IPO this month
• Lodha group revives IPO plans; looks to raise Rs 3000-6000 crore
• No relief for Lodha group on sale of flats in Hyderabad's Bellezza project
• Hyderabad HC restrains Lodha from selling 73 unsold houses
• Raymond, Lodha put Mumbai office properties on the block
• Lodha Builder Scam

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Mumbai: Jogeshwari's housing society demands Rs 450 crore from its members for not paying maintenance

Legal notices demanding Rs 450 crore have been slapped on the spouses of eight members by the managing committee of a housing society in Jogeshwari (East) for allegedly defaming the society, refusing to pay maintenance and making the sale and renting of flats difficult.

TS Natarajan and Mohit Bharadwaj, members of Oberoi Splendor Flat Owners’ Association (OSFOA), have been crusading for the last five years on various forums to deregister Splendor Complex Co-operative Housing Society (CHS) in Jogeshwari (East). Also, cases are pending in the City Civil Court, Bombay High court since September 2016 and the co-operative court challenging the validity of the managing committee and their takeover of the society in January 2016, as they allege that the society was ‘fraudulently’ formed with Oberoi Realty Ltd and rejected by flat owners.

Incidentally, the two members’ spouses – Seema Natarajan and Dr Samita Bharadwaj – along with six other members, who have no locus standi in the matter, have been served the legal notices to pay the society Rs 450 crore by way of damages and compensation within seven days.

The legal notices in possession with Mirror states,”You along with few other residents, with active connivance and common intention have been questioning the existence of our clients - Society - and terming the managing committee as “fraud” and directly attacking the duly elected members of the managing committee by calling them stooges of The builders. You, along with few other residents who align with your thoughts and plan of action, have been falsely portraying to all the flat purchasers/occupants of Splendor Complex CHS that our clients has no authority to collect amounts towards maintenance and other charges and have gone on to term the requests of our clients as “extortion.” You have been in a routine manner issuing defamatory and scandalous statements against the society and its members.”

The legal notice also states that Natarjan and Bharadwaj have affected the finances of the society and the maintenance charges and dues of the society were instead being paid to OSFOA by other flat owners. It also states that the two have brought down the value of the flats making it difficult to rent and sell the flats in Splendor Complex CHS.

“This is a blatant, downright lowliest form of intimidation to cow us down by sending legal notices to our near and dear ones. This in itself confederates strongly all my accusations on the fraudulently registered and legally challenged society of the builder,” said Natarajan.

Natarajan produced documents to Mirror to show that after March 11, 2014, an order was given by Vikas Rasal, divisional joint registrar, to deregister the society after which it ceased to exist and registration of the said society was cancelled. “The only thing they could do was re-reregister but they didn’t do it as per the law. Once a society is formed, the builder has no role. But the builder appealed against Rasal’s order and we are challenging that in the court of law and the Lokayukta,” said Natarajan.

“My wife Dr Samita Bharadwaj isn’t even the flat owner. We are standing tough and not giving up. Majority of them have given up this fight due to their arm-twisting method and since the legal system is slow they want us to wither,” said Bharadwaj.

Bharadwaj said a criminal complaint was filed in 2017 with the Meghwadi police station wherein the Andheri metropolitan court is investigating the collusion between deputy registrar, K (East) ward and the existing managing committee for opening bank accounts and using the society seal. The next hearing in the Bombay high court is scheduled for February 22, 2018.

When Girish Chitre, chairman of managing committee, Splendor Complex (CHS) was contacted, he refrained from commenting and asked this reporter to get in touch with its legal team.

When Auris, the legal firm who had served the notice, was contacted, they didn’t want to offer any comment stating that “the matter was between two parties.”

When Mirror contacted Oberoi Realty Ltd via email and phone, they too declined to comment on the matter.

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