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Developer in police net for duping flat buyers

Friday, September 28, 2018
By Raju Vernekar

The Arnala Coastal police are likely to arrest one of the seven absconding directors, of a real estate firm, accused of collecting heavy price and not giving possession to many prospective flat buyers, including noted playback singer Anuradha Paudwal, at their housing project located at Virar West.

The developers, Raju Sidhya Sulire, Avinash Dole, Ashok Ram Pande and others, running a firm called 'Om Mandar Realtors', had collected money from the flat seekers by offering them flats at cheaper rates, with modern amenities like swimming pool, gymnasium, park etc, in their seven-storey housing project 'Mandar Avenue' located at Naringi, Bolinj, in Virar West.

Singer Paudwal too had booked a flat (Mandar Avenue F 1), in 2013 by paying Rs 38 lakh. However, subsequent inquiries revealed that the developer had sold the same flat to another person.

PSI Mane of Arnala Coastal Police told ADC that they were confident of nabbing one of the accused on Thursday itself and other accused will be arrested soon.

Paudwal lodged an FIR (No. 135/2018) under provisions of the Maharashtra Protection of Interest of Depositors Act (MPI) 1999 and other sections, including 420 IPC at Arnana Coastal Police station on Monday. Besides Paudwal, those who have lodged a complaint against the developer include Famida Nasim Ahmed.

In a similar case against the developer, B.D. Kapdanis, adjudicating officer of MahaRERA, on April 27, 2018, had directed Raju Sulure and others to pay the penalty of Rs 2,50,000 on charges of indulging in unfair trade practice. They were also asked to refund the entire price of the flats collected. The judgement was given in response to a complaint (No. CC006000000023447) filed by flat buyers Sanjay Lohar and Sukhram Kushwah.

Lohar had booked a flat (No C-404), in 'Mandar Avenue' after paying Rs. 32,70,470 in 2012. The developer issued an allotment letter on November 28, 2013 to him. But later he came to know that the same flat was already sold to one Vishal Khavale on September 23, 2013. Thereafter, the developer offered him another flat in 2016, but even that flat was found to be sold to another buyer.

Similarly Kushwah had booked flat (No. C607) on May 15, 2012 and had paid Rs 10,00,000. He was given an allotment letter, but he noticed that the flat was already sold to Vinay Adhav on March 7, 2014. After that, the same flat was also sold to  Vinay Choradiya on September 18 2017.

Lohar and Kushwah had complained to MahaRERA, for unfair trade practice under Section 7 of RERA Act which authorises the authority to revoke registration of the project under Sub-Section (3) of Section 7.

It also gives discretion to the authority to permit registration to remain valid subject to further terms and conditions as it deems fit in the interest of an allottee.

Kapadnis had also directed the developer to refund Lohar and Kushwah the amount paid by them, towards the cost of the flat, along with simple interest at the rate of 10.05 per cent per annum from the date of receipt of the amount till the amount was refunded.

Besides, they were asked to pay Rs 20, 000 towards cost of the complaint. The developer was also asked to pay Rs 2,50,000 in each case, to the complainants for unfair trade practice. However since the accused continue to remain absconding, the complainants are yet to get monetary relief.

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