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Possession woes: Homebuyers get relief after knocking on High Court's door

Bombay High Court directs local police to look into matter of HDIL denying possession to 100-odd homebuyers, who booked flats in the builder’s Kurla (W) housing project

Offering respite for the 100-odd aggrieved homebuyers who are being denied possession of their dream homes from a builder, the Bombay High Court yesterday issued a directive asking the local police station to initiate action in the matter. The court also ordered the cops to report back to them in a week.

A homebuyer protesting against HDIL’s demand for extra payment during a protest held recently. File pic
A homebuyer protesting against HDIL’s demand for extra payment during a protest held recently. File pic

The court was hearing a writ petition filed by Aejaz Saiyed, a homebuyer who invested his life’s savings to purchase a flat in HDIL’s Premier Residences Kurla (W) project. His plea stated that the developer was not giving him possession of the flat even though he has made all payments. Saiyed, in his petition, has also asked for a government body to be set up in such matters.

With the court ordering the police to take cognisance, there is some hope knocking on the doors of the homebuyers. mid-day had reported on the controversy and the reports published formed a huge part of the support for the petitioner in the court.

HDIL first promised possession in 2012, but later extended it to December 2013. But, at the time of possession, it started demanding an extra amount because, claimed HDIL, all buyers have been given larger areas than what they paid for, in the form of flowerbeds and balcony spaces.

Following the demand, the homebuyers staged a protest outside HDIL’s office in Bandra. With the builder paying no heed to their protests, about 20 homebuyers filed cases in the city civil court against the builder. “I filed a writ petition so that we could get some justice. Approaching the court was the only way to seek justice.

Now with the court asking the police to look into the matter, it is expected that there would be stricter sections under which the police will file a case against the builder. We also used the articles published in mid-day, which highlighted the plight of the homebuyers, to show the court how the builder was fooling us,” said Saiyed. In spite of repeated attempts, HDIL was unavailable for comment.

>> Court asks police to report back to them within a week
>> Order comes as a big relief for the homebuyers who have been awaiting possession of their flats for a long time

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6 Comments

  • Sana kazi19-Mar-2014

    Each of the bold n courageous flat owners involved deserve a huge applause for standing to fight collectively against the deep rooted corrupted system prevailing in our country

  • Arif19-Mar-2014

    Rakesh Wadhwa and HDIL family are looting poor people by asking Black money in cash for nothing and carrying out extorsion to Poor who are not only paying rent but EMI as well , where they will get Black money ? Poors Curse will not go in wane , Wadhwa family has to suffer hard hard in this birth itself... Curse them hard....

  • Selwyn Pinto19-Mar-2014

    Finally!! There is a ray of light in the distance. I hope the builder is taken to task... and sstripped to his last penny till he pays all the deprived home buyers he has been exploiting. Gereat work by the Shabnam Aejaz, bilal and the whole team for taking the fight to his Door step... Hopefully Justice Prevails!!

  • Prem Moraes21-Mar-2014

    Even noted Brands that are supposed to be icons of trust are doing the same.... Tata Housing included.... Their flagship project at Boisar is super delayed with no compensation inspite of delay over 2 years. The Vasind project cancelled. a string of other projects announced.... the rule should be that builder can sell only completed flats....that too when the project is complete....any sale or deemed sale before completion should be illegal....

  • Rajiv Suri19-Mar-2014

    It is confounding that such a reputed builder is demanding more money from buyers after they have made 100 percent payment as per the registered agreement. HDIL is defying the law with impunity with chairman Mr Wadhwan challenging the flat buyers to go to consumer court or any other court and stated that HDIL will not give possession of ready flats till the blatantly illegal demand for extra money is fulfilled by hapless buyers. Is there any rule of law in this country?

  • raminder19-Mar-2014

    its shameful such big names stoop down to such low levels... what should a common man do against clout of such well connected malicious people. you or anyone could be next. please help us raise our concerns

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