Kalyan builders booked after homebuyers lodge cheating case

After several homebuyers approached the police alleging that the builder cheated them, the police booked four people. The four are absconding, said the police. The Mahatma Phule police have booked the four for cheating and dishonestly inducing delivery of property and criminal breach of trust.

After several homebuyers approached the police alleging that the builder cheated them, the police booked four people.

The Mahatma Phule police have booked the four for cheating and dishonestly inducing delivery of property and criminal breach of trust. (Photo by Rishikesh Choudhary/ Hindustan Times)

The four are absconding, said the police.

The Mahatma Phule police have booked the four for cheating and dishonestly inducing delivery of property and criminal breach of trust.

Eleven people have complained to the police that they had paid huge sums of money but the builder did not hand them their houses.

The police have booked builder partners under section 420, 406, 34 of Indian Penal Code (IPC) and section 4 and 3 of Maharashtra Ownership of Flats Act.

Patel Colossus, a housing project by Patel group and company, started in 2010 but it is yet to be completed, said the investors in their complaint. The housing project is at Konkan Vasahat, Chikanghar, in Kalyan (West).

The homebuyers met deputy commissioner of police, Vivek Pansare. The first information report (FIR) was registered on Monday night.

“Since 2011, the builder started selling flats promising to complete the work in 2015. The builder has planned to build 700 flats in phase 1, 2 and 3 and till now only around five floors have been constructed,” said Sajan John, 37, a resident of Kalyan.

“We learnt that more than 230 flats are purchased by investors and at least Rs40 crore has been invested by homebuyers. I have paid ₹54 lakh for a 2-BHK flat. The builder had assured us that the house would be handed over by December 2017. The builder did not go beyond constructing five floors,” added John.

Phone calls to one of the builders went unanswered.

The complaints said they had forwarded the matter to RERA (Real Estate Regulatory Authority) but no action was taken.

As per the investors, the plot of housing project belongs to Maharashtra Housing and Area Development Authority (MHADA) and was leased to low-income groups (LIG) which comprised a committee of 448 members living in the area. The builder approached the LIG committee members, saying they would construct a building for them similar to a redevelopment project in 2008-09.

Another part of the project is meant for high-income groups (HIG), which the builder used for commercial purpose.

“Most investors fell for the promotional events of the builder during the launch of the project,” said John.

The builder also offered subvention scheme to some investors in which he agreed to pay the pre-EMI (equated monthly installment) till the possession of the house.

“Now, the subvention scheme is prohibited by the RBI after 2015. I fell for it and applied for the scheme. The builder did not pay the EMI of the loans which were taken in my name,” added John.

Another investor Nitesh Bhamare, 35, a resident of Dombivli, said, “I invested ₹19.5 lakh for a 2-BHK flat in 2014. Many paid from their own savings and some took loans. The builder has cheated us with false promises for so many years. I wanted to shift to Kalyan with my family. All the money invested is gone.”

Senior police inspector of Mahatma Phule station Prakash Londhe said, “We have registered a case against the builders. We are investigating the case. We are yet to get through the builders.”

The police also claimed that they visited one of the builder’s residences in Ulhasnagar but did not find him.

“The search is on by our team of officers,” added Londhe.