Builder sells unauthorised flat to petrol pump owner, booked

Mumbai: A builder has been booked on Monday for allegedly selling a flat on an unauthorised floor in a Goregaon high-rise to a Chakala petrol pump owner

Mumbai: A builder has been booked on Monday for allegedly selling a flat on an unauthorised floor in a Goregaon high-rise to a Chakala petrol pump owner.

Builder sells unauthorised flat to petrol pump owner, booked

The accused has been identified as Piyush Rajendra Shah, a Borivali resident and the director of Rishabh Real Estate Developers Pvt Ltd.

According to the complainant, Tarasingh Nagpal, 77, the builder sold him a flat on the 15th floor of the building despite having the permission only for 14 floors.

Nagpal said two persons—Rahul Kapoor and Kiran Shah—had taken ₹1 crore loan from him a few years ago. Both of them were arrested in 2017 by the MIDC Police after they failed to return the money to Nagpal.

Kapoor then promised Nagpal that as a repayment of the amount, he was ready to transfer flat no. 1503 in Miras Empire building in Goregaon West. Kapoor had pre-booked the flat and also promised that he and Kiran Shah would pay him ₹10 lakh and ₹4 lakh additional amount, respectively. The builder too agreed for the settlement and assured Nagpal that the flat would be ready for the possession soon.

Nagpal then filed consent terms in the Bombay high court stating he had no objection if bail was granted to Kapoor and Shah and they were granted bail, the police said.

In May 2019, the builder allotted the flat to Nagpal and also registered a sale agreement in his name. Nagpal also paid an additional amount of ₹14.75 lakh and ₹5.75 lakh towards GST.

Kapoor and Kiran Shah later failed to pay the promised sum of ₹14 lakh that they owed Nagpal, following which Nagpal approached the HC seeking cancellation of their bail. Their bail was cancelled and since then the duo have been on the run, stated the FIR.

“As per the agreement with the builder, the construction of the tower in Goregaon was supposed to be completed by May 2, 2019 and if the builder failed to meet the deadline, then he was to pay ₹35,000 every month to Nagpal. However, the builder neither completed the project nor did he pay the compensation totalling ₹8.40 lakh to the complainant,” a police officer said.

Nagpal then made an enquiry at the building proposal department of the Brihanmumbai Municipal Corporation (BMC) and found out that the builder had permission for construction only up to the 14th floor. The builder also collected an additional amount of ₹20.60 lakh from him to help Kapoor get a bail and thus defrauded him to the tune of ₹1.29 crore, Nagpal said.

A case under section 420 (cheating) of the Indian Penal Code was registered against the builder.