Wednesday 28 March 2018

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

Consumer court cases on real estate - Cheated 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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2 comments:

  1. Dhanista Grouo Builders and Developers has not yet returned the money of flat buyers. The court is yer to give the verdict and have given time of more than 6 months to cheater Devdas Bhujang Rao and his children Sowparnika Rao-Atawane, Tejasvi Rao and Nandita Rao along with one employee Bhavana Menon. They are ready to go in jail and serve 10 years imprisonment but not ready to give back the victims money. They believe in 'Chamdji jaye par damdi na jaye'.

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  2. it seems that Mr. D. B. Rao does not belong from good cultured family. Because one Indian father never tolerate that his daughters along with his son are in jail. One good Indian father will always think about future of their children first then about money loss. But this Rao is a abnormal sadist person. He gathered a huge money from many home buyers. He should first give the explanation that where he kept or invested this huge money of home buyers. Instead of wasting the time he should immediately sale off all his properties and return the money to home buyers at the earliest. so investor will start believing him and will show some leniency and patience. Else their is high chances for him to spent entire life in prison. which will prove very unfortunate option for him and his all family members.

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