Byculla police have booked directors of two construction firms for allegedly failing to complete a residential project at Sahar in Andheri following complaints by flat buyers.
Byculla police registered the FIR against six directors of D B Realty—Shahid Balwa, Nasir Rafique, Sunita Goenka, Maryam Khan, Vinod Goenka and Jagat Killawala—and Tribeca director Sanket Borkar under Indian Penal Code sections for criminal breach of trust, cheating and criminal conspiracy. D B Realty denied the charges citing revised agreements with flat buyers.
Cops said a private complaint was filed before the 25th Metropolitan Magistrate, which directed police to register the FIR and investigate the matter. The complainants —Kezer Kharawala and Amitoj Singh—approached the court after police refused to register the offence. The two had booked two flats in D B Skypark in Andheri and paid Rs 45 lakh and Rs 46 lakh respectively in 2013 and 2016.
Their agreements said the project would be completed in three years, and in case of delay, they would be refunded with 9% interest and Rs 25,000 as damages. However, in 2017, work had barely begun, said Singh. “They did not execute agreements of sale either,” he added.
Kezer then filed a complaint before Maharashtra Real Estate Regulatory Authority (MahaRera) and sought refund with 9% interest. The developer offered to execute a registered agreement for sale with Kezer for a revised possession date of December 31, 2019.
In case Kezer wished to transfer the allotment, the developer said that it would try to sell his flat and also waive off transfer charges. Kezer withdrew the complaint. “But even after this assurance, the developer failed to sign the agreement of sale,” said Kezer.
In October 2017, Kezer again approached MahaRera where the developer submitted a declaration it would execute the agreement of sale before December 31, 2019. Kezer accepted the revised timeline and the Tribunal passed an order in October 2018 directing both parties to register the agreement.
Subsequently, D B Realty directors introduced Kezer to Borkar and said that Tribeca Creation LLP would take over the project. The complainant was given the choice to sell his unit and exit the project, or alternatively, get the agreement registered with a revised plan. Kezer accepted the offer.
“Till today, there is no sign of construction work. Shrubs have grown on the plot. There are 35 other flat purchasers who have been cheated with false promises,” said Singh.
