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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