Builder sells same flat to mul­ti­ple buy­ers, court re­ceiver ap­pointed

Hindustan Times ST (Mumbai) - - HTMETRO - Kan­chan Chaud­hari

MUM­BAI: The Bom­bay high court (HC) has ap­pointed a court re­ceiver for an un­der-con­struc­tion high-rise build­ing in Prabhadevi, af­ter not­ing that the de­vel­oper sold the same flat to mul­ti­ple buy­ers and ac­cepted huge sums of money from each of the pur­chases. Jus­tice SJ Kathawalla, in the or­der passed on July 4, di­rected the court re­ceiver to take pos­ses­sion of the land, along with the partly-con­structed struc­ture and sub­mit the re­port to court.

“Be­fore the flat pur­chasers are fur­ther de­frauded by the de­vel­oper (Kal­pavruk­sha De­vel­op­ers) / de­fen­dant num­bers 1 to 6 (di­rec­tors of the firm), the need of the hour is to ap­point the court re­ceiver with re­spect to the project,” Kathawalla said.

The judge also di­rected the eco­nomic of­fences wing (EOW) of the Mum­bai po­lice to im­me­di­ately be­gin in­ves­ti­ga­tions and sub­mit a re­port to him, if the pur­port­edly de­frauded flat pur­chasers chose to file com­plaints with it.

The judge was re­spond­ing to pleas filed by three dif­fer­ent flat pur­chasers, who al­leged that they were cheated by the de­vel­oper of crores of ru­pees.

Ac­cord­ing to the first pe­ti­tioner, flat 701 in the build­ing had been sold to SN Da­mani Prop­erty Devel­op­ment LLP in June 2015, and ₹4.99 crore was ac­cepted to­wards part con­sid­er­a­tion of the flat. How­ever, the flat had al­ready been sold to an­other party in Septem­ber 2012 to an­other party in ex­change for a sum of ₹1.42 crore.

The sec­ond pe­ti­tioner claimed that in Novem­ber 2005, the de­vel­oper had agreed to sell two flats, 1601 and 1801, to Shakti Hold­ings and had ac­cepted ₹6.05 crores from them. How­ever, the flat was then sold again to the two dif­fer­ent peo­ple and the de­vel­oper had ac­cepted ₹1.75 crore from one of them.

In the third case, the pe­ti­tion was filed by an in­di­vid­ual, who paid a to­tal of ₹1.94 crores for flat 1701 be­tween Au­gust 2005 and June 2008. The de­vel­oper had ex­e­cuted a sale deed in his favour in May 2008, but then ac­cepted₹1.75 crores and ₹6 crores, re­spec­tively, from two other in­di­vid­u­als for the same flat in 2014.

Ac­cord­ing to the court or­der, the project has been at a stand­still over the last four years.

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