Mumbai, May 11: The Bhandup police, on the orders of the sessions court, have registered a case against the partners of Orbit Buildcom after the developer allegedly failed to begin construction of a housing
project in time till 2016 and cheated the complainant, an advocate, to the tune of Rs 24.12 lakh.
The sessions court expressed disappointment that the complainant, being a lawyer, had to struggle for over a decade to get the case registered against the accused firm.
Advocate alleges cheating in housing project
The complainant, Swaroop Kulkarni, an advocate by profession, approached the sessions court against the partners of Orbit Buildcom — namely Sahdeo Patil, Vaishanavi Patil, Lakhanpal Madanlal, Shelar Vasant, Tushar Joshi, Rajesh Thapar, Kandaswamy Rajkumar and Suraj Chavan — for alleged cheating.
Kulkarni claimed that he entered into an agreement on June 16, 2015, for a flat in Orbit Buildcom’s Flint Heights project in Ghatkopar for a lump sum sale consideration of Rs 48.24 lakh, with a promise that the agreement would later be registered after some time.
However, the agreement was allegedly never registered with the Office of the Sub-Registrar of Assurances and was instead notarised. Kulkarni stated that he had paid 50% of the total consideration amounting to Rs 24.12 lakh.
Possession allegedly not given despite assurances
According to the FIR, the complainant was assured that possession of the flat would be delivered by June 15, 2018.
Kulkarni, however, alleged that “till today we have not received the flat nor the money has been refunded. The project got stalled as the main accused in the project, Lakhanpal Amit Madanlal, has been absconding since long.”
He further alleged that despite visiting the construction site repeatedly between June 16, 2015 and October 10, 2016, there were no signs of construction activity.
Court questions plight of common citizens
The complainant further claimed that there was a delay in construction and that the builder failed to pay interest for the delay.
Kulkarni stated that he had initially approached the police to register a case against the accused, but his complaint was allegedly turned down. He later approached the metropolitan magistrate court in Mulund, which also did not entertain his plea. He then moved the sessions court seeking directions against the accused.
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The sessions court considered the circumstances and directed the police to register the case.
“Considering the submissions and ascertaining the fact that the applicant, that too, who is an Advocate has been cheated by the builders and developers. If it is so, the Court is unable to understand what would be the position of the common man. Hence, I am inclined to direct the Senior Police Inspector of Bhandup Police Station as well as DCP Zone-7 Mulund (West), Mumbai to look into the matter and register the offence immediately and trace out the absconding accused,” the court said in its order.
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