Directs Juhu police station to file an FIR against a builder who did not issue a receipt and hand over property even four years after advance payment was made; aggrieved party approached cops but was directed to court
Taking serious note of the fact that a builder did not honour his commitment to hand over a property worth nearly Rs 2 crore to its rightful owners for over four years, The Court of Learned Metropolitan Magistrate, Andheri, has issued a directive to the Mumbai police to initiate criminal proceedings against the erring party.
The judgment, (a copy of which is with SMD) was handed over to Juhu Police station yesterday and has directed the cops to file an FIR against the builder and submit a report before August 28.
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Complainant Ravinder Kumar Bajaj says he had issued a cheque of Rs 30 lakh as full and final payment to M/s Dev Land and Housing Limited and its director Vijay Thakordas Thakkar, who have their office at Andheri (W), for the purchase of a 1,500 sq ft office in a commercial building known as DLH Park, Near Goregaon Telephone Exchange.
“Elaborate brochures for the upmarket commercial complex said it had been approved by a top nationalised bank and projected as a ‘landmark business address’ in the future. On June 18, 2008, I issued a cheque bearing no 821743 drawn on IDBI Bank Limited, New Panvel Branch for the sum of Rs 30,00,000 as advance for purchase of the office premises in favour of M/s Dev Land and Housing, as per the then prevailing market price,” alleged Bajaj.
He added that once the financial transaction was complete, he requested the builder to issue an allotment letter, execute an agreement, and issue a receipt evidencing receipt of the money. “He gave flimsy excuses and delayed the issue of the receipt. He promised to hand over the property in the month of March, 2010, when the balance amount would be paid by me,” he said.
“I am still waiting for the receipt, allotment letter and execution of the agreement which is mandatory under the Maharashtra Ownership of Flats Act. I was also asked to pay Rs 3,000 extra per sq ft, which works out to an additional Rs 45 lakh, as the market price had risen. Fed up, I approached the police, who in turn directed me to approach the court,” alleged Bajaj.
Advocate Junaid Shabwany, who argued the case on behalf of the complainants under Section 420 of IPC, said, “This was a fit case for the police to investigate, but since they chose not to, we had no option but to obtain an order from the court directing them to investigate the matter. Now it is their duty to honour the court judgment.”
Thakkar denied the allegations and said he did not know anyone by the name of Ravinder Bajaj. “There has been some mistake. I am not aware of such a transaction and do not know this complainant,” he said.
Arun Bhagat, senior PI, Juhu police station, was unavailable for comment.
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