Thursday, 28 June 2018

Marina - Cliff Haven Alibag: FIR filed against builders at Vashi EOW

Mumbai, 29th June 2018: Vashi Economic Offenses Wing registered FIR yesterday against the land holders and original builders of Marina project at Alibag (now called Cliff Haven), for cheating the home-buyers, and neither delivering a flat nor refunding the money paid to them. The ones named as accused in the FIR are Kavita Anand Kadam, Anand Uttam Kadam, Vaishali Vasudev Savalkar, Pravin Hirji Thakkar, Neeta Sankhe and Sunny Khamboj. 

The directors of Enamour Realty and Sunvenn Advisors, who are builders and marketers of Cliff Haven -- which now stands on the plot where Marina project was advertised and marketed -- are NOT NAMED AS ACCUSED in the FIR, although they are mentioned in the police statement given by complainant Rajeev Khot, who had booked a flat in Marina, Alibaug. 

An angry mob of over 200 RCL-RBIL victims from various projects, including Marina, 
protested outside the builders' Vashi office on 24th February, in the presence of media.

The FIR was made under the following sections of Indian Penal Code (IPC):
IPC 406: Criminal breach of trust
IPC 420: Cheating and dishonestly inducing delivery of property)
IPC 34: Acts done by several persons in furtherance of common intention

Additionally, sections of Maharashtra Ownership Flats Act (MOFA) were also applied:
Sec 3: Not fulfilling general liabilities of promoter
Sec 13(1) and (3): Offenses by promoters

Downloads and Links
  • To download copy of FIR no 261 of 2018, click here
  • To download a copy of police statement (Marathi) given by Rajeev Khot, click here.

English translation of police statement submitted at EOW, Belapur on 28/06/2018:

1.    I Rajeev V Khot ……..

2.    In 2009-10, I had visited Realliance Construction’s Vashi Office for purchasing flat in their project at Indus Valley, Lonavala.  But transaction could not materialised since the cost was not affordable.

3.    Then in 2011 Sunny Kamboj, Marketing Representative of Realliance Constructions called me to informed me about their Marina Alibaug project.  He informed that this project is being carried out by Anand Kadam & Kavita Kadam of Realliance Constructions.

4.    On 29/01/2011, me & my wife visited Alibaug Marina project, Opp. Mayur Bakery, Behind SBI, Maruti Chowk, Alibaug.  There we met Sunny Kamboj.  He informed us that :-
a.    Hotel cum Resort by name Marina will be constructed  on this plot. 
b.    This plot is owned by Realliance Constructions and they have obtained all necessary permissions from respective authorities for construction of the said project. 
c.    Studio apt in this project will be sold & will be taken on rent by the Company on monthly rental of Rs.8000/- with 10% annual increase in rent.
d.    Owners of studio apt can stay 30 days in a year and it will be rented to the tourist for rest of the days.
After that we went home and we were in touch with Sunny Kamboj & Nita Sankhe of Realliance Construction for finalising the rate.

5.     Thereafter on 12/02/2011 we have received mail from Nita Sankhe informing us the final cost of the studio apt as Rs.19.00 lacs (including furniture cost, club membership, MSEB, Legal Charges etc). She also stated that this cost will be valid till 14/02/2011.  On 14/02/2011 we visited Realliance Construction’s office at Vashi& there we met Sunny Kamboj & Nita Sankhe. They informed us that we will get possession of the studio apt. within two years.  Then we paid 30% booking amount i.e. Rs.4,60,500/-.  The cheques were drawn in favour of Prachin Hotels & Resorts Pvt. Ltd. On enquiry Nita Sankhe, she informed us that Prachin Hotels & Resorts Pvt. Ltd is also owned by them. After paying above booking amount Nita Sankhe issued me Allotment letter & receipts of Realliance Constructions (RCL) signed by her for booking of studio apt No. 209 admeasuring 395 sq.ft.

6.    Thereafter, me & my wife were continuously following up with Sunny & Nita regarding commencement of construction. But every time they informed us that construction will be started within 2-3 months.  On 24/01/2012 Sunny informed us via mail that that  “Excavation of Swimming pool is done & Stone wall work done for common area , also marking done on the plot”. 

7.    In September-October, 2012, Mr Sunny asked us to shift to RCL's other projects since project at Alibaug (Marina) was not going to start due to CRZ issue.  We refused to do so and asked for refund of our money. He informed us that it will take 2-3 months for refund. Thereafter  I  was trying to contact Mr Sunny but Mr Rupesh from RCL attended phone many times and told me that Mr Sunny is not available (he is busy at other site etc.).

8.    We were still trying to contact Mr Sunny, but not succeeded.  On contacting RCL’s  landline no., they informed us that Mr Sunny & Ms Nita Sankhe had left RCL and Ms Vaishali Savalkar is now in charge of Marina, Alibaug project.   On enquiry with Ms Vaishali every time she informed us that PDC cheques not yet received by them.

9.    On Feb., 2013 we went to RCL’s Vashi Office to meet Ms Vaishali.  However, we could not meet her.  That time RCL’s staff contacted her on phone and then I spoke to her.  She told me to contact Ms.Vijaya and hand over copies of receipts to her. After handing over copies of receipts to Ms. Vijaya she informed us that your cheque is not ready and your cheque will come from Prachin Hotel.

10.    Again on 20/03/2013 and 26/03/2013 my wife had forwarded scan copies of receipts to Ms Vaishali.  Thereafter on enquiry with Ms. Vaishali, she told us to visit their office with original documents.  On 17/05/2013 me & my wife visited RCL’s office & met Ms. Vaishali.  She told us to contact Shri Pravin Thakkar & Prakashbhai (of Prachin Hotels) on their mobile nos.  We tried to contact Pravin Thakkar but failed to talk to him.  On contacting Prakashbhai, every time he informed us that “Pravin Thakkar is not available, he is out and he will inform him to refund our money on his arrival.

11.    On 21/09/2013 I had sent email to Prachin Hotel asking them about the cheque and their transaction with RCL.  But they did not reply.

12.    Thereafter I was in contact with Pravin Thakkar on his mobile and through email but did not refund my money.

13.    I came to know that Anand Kadam, Kavita Kadam, Vaishali Savalkar & Nita Sankhe, Sunny Kamboj & Pravin Thakkar cheated other people too by accepting bookings of studio apt. in Marina Alibaug project.

14.     On 11/11/2017 I came across advertisement in Maharashtra Times published by Enamour Realty Pvt. Ltd. regarding ready possession flats at “Cliff Haven”, Maruti Naka, Near Mayur Bakery, Sinkar Wadi, Alibaug.  I realised that this project is built on the same plot where earlier Marina project was to be constructed.  I enquired on the nos. given in the advertisement, they informed me that Pravin Thakkar sold this plot to Enamour Realty and Enamour constructed “Cliff Haven”  on the said plot.

15.     Thereafter I wrote to Enamour & informed them that I had booked studio apt in Realliance Construction’s Marina Alibaug project & requested them to handover my studio apt.

16.    Enamour sent me letter through Advocate informing that they have no connection/relation with Realliance Constructions and they have purchased the said plot from Pravin Thakkar of Prachin Hotels.  They also informed me that “you  have nothing to do with this project”. At that time I came to know that Pravin Thakkar have not informed me about this even after I was in constant touch with him.

17.     RCL’s partners Ms Kavita Kadam, Anand Kadam & Ms Vaishali Savalkar, Prachin Hotel’s director Pravin Thakkar, Sunny & Nita Sankhe, cheated me by hiding the truth/fact that they had not obtained required permissions from competent authorities for construction of  Marina Alibaug project & accepted booking amount of Rs.4,60,500/- for studio apt. No. 209. They have cheated me and also not refunded by money till date even after repeated follow ups.  Therefore, I would request that the legal action to be taken against Ms Kavita Kadam, Anand Kadam & Ms Vaishali Savalkar, Prachin Hotel’s director Pravin Thakkar, Sunny & Nita Sankhe.  These culprits have also cheated other people by offering flats in Marina Alibaug project and by accepting booking amount from them.

18.    I am enclosing herewith self attested copies of Allotment letter, receipts, Bank statement & correspondence via emails & letters with RCL, Pravin Thakkar and Enamour.

*********

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com




Ashok Odyssey Ghatkopar: RERA orders disobeyed by Sanyam Realtors

Mumbai, 28th June, 2018: Two months ago, MahaRERA passed an order favouring flat-buyers of Bhagtani Executive, now known as Ashok Odyssey, Ghatkopar. The order by Gautam Chatterjee said, "...parties are directed to execute the agreement for sale... within 45 days from the date of this Order. While executing the agreement for sale, Respondent should adjust the amounts paid by the Complainant to its net present value taking into account the time value of money paid by the Complainant in the year 2015." 

Click here to read the RERA Order dated 26th April, 2018

This order is strictly applicable to only the complainant, namely Christina Contractor. However, this order is a huge step for all those flat-buyers who paid lakhs of rupees to Bhagtani builders for booking a flat in Executive, only to find that it was later renamed as Ashok Odyssey and taken over by Sanyam Realtors. Sanyam Realtors are basically Bhagtani's former partners "RJ Group". 

The transition of Bhagtani Executive to Ashok Odyssey is explained in this article.

Brochure of Bhagtani Executive showing logos of Jaycee Homes and RJ Group

Significance of the RERA order: 

1) This order confers legal recognition to flat-buyers holding allotment letters issued for Executive project by Bhagtani's company EDMD Infracon Pvt Ltd. The order says that these people are considered allottees of Sanyam Realtors in the project that has been renamed as Ashok Odyssey. Until this RERA order, being legally recognized as an allottee of Sanyam Realtors' Ashok Odyssey seemed like a huge issue; now that issue has been effortlessly cleared by RERA.

2) This order casts the duty on Sanyam Realtors to execute a registered agreement within 45 days. These directions have been disobeyed by Sanyam, despite two reminders sent by the complainant. As a consequence, the company's directors Akshay Jain and his father Rakesh Jain are now liable for steep penalty under RERA Act section 63, which says, "If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent of the estimated cost of the real estate project as determined by the Authority." The complainant has only to make a simple application to RERA for execution of the order, and consequences will follow. True, Gautam Chatterjee may not necessarily punish the defaulting builders to the full extent of the law, but it is foolhardy for them to take such a risk by flouting the order.

3) This order confirms that the money paid to Bhagtanis have to be adjusted, with interest, within the remaining part of the flat's consideration price to be paid to Sanyam Realtors. In other words, the booking amount paid to Bhagtani will be considered the same as if it were paid directly to Sanyam Realtors. 

It is surprising that other allottees of Bhagtani Executive haven't yet rushed to file complaints in RERA to get similar orders! That may be because some allottees feel that the order is ambiguously worded and lends itself to unfavourable interpretations. Detractors of the order argue that the builder may get some maneuvering space from these wordings: "Respondent should adjust the amounts paid by the Complainant to its net present value taking into account the time value of money paid by the Complainant in the year 2015". If so, they should seek clearer and even more favourable orders from RERA in their own cases; it isn't a reason for staying away from RERA.

Without a doubt, this first order gotten by Christina Contractor has laid a firm foundation for the flat-buyers of Bhagtani Executive by removing many areas of suspense and confusion. And further developments in this case in the weeks to come will prove to be decisive and most probably, favourable to flat-buyers. Sanyam Realtors has successfully played a waiting game till now, but all that is about to change very soon.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
---------------------------------------

Read the emailed rebuttal to this article by Mr Akshay Jain of Sanyam Realtors.

Rebuttal of Sanyam Realtors for article on RERA order disobeyed

Below is the rebuttal of Sanyam Realtors to this article

From: Akshay Jain <akshay.jain@rjgroup.in>
Date: Thu, Jun 28, 2018 at 3:07 PM
Subject: Re: Attn Mr Akshay & Rakesh Jain: Your rebuttal is solicited to attached article
To: Krishnaraj Rao <krish.kkphoto@gmail.com>
Cc: RJ Group Info <info@rjgroup.in>, Rakesh Jain <group_rj@hotmail.com>

Dear Mr. Krishnaraj Rao,

We have gone through your draft article in your email dated 26th June 2018, which basically comprises of first two paragraphs of background and information about the ‘self explanatory’ order dated 26th April 2018; followed by 3 pointers of your own interpretation of the order and its discussed significance according to you; followed by two paragraphs of words and jargons to sensationalize and popularize your blog.

Accordingly, on your assurance of appending our response in verbatim, we state as under:

Reg. first two paragraphs:-

Time and again you refer us as partner of Bhagtani’s. We are two separate companies, comprising of different set of promoters and directors, who came together under certain Terms and Conditions captured in a Registered Development Agreement which was later terminated vide a Registered Deed of Cancellation. In what context do you call this partners? In that case, all redevelopment projects should be partnerships according to you. You are time and again trying to portray our name and the name of our project in poor light by associating it with other Bhagtani projects, inorder to defame us.


Reg. 3 points on “Significance of the RERA Order”

The same is nothing but your flexing of mental muscles and trying to read everything that is not written in the said order. We will leave your imagination at your disposal based on the best understanding that you may have of the law. But objectionably you have also imagined and gone ahead and concluded that we have disobeyed the said order, this is completely false. Your using of such false phrases and altering the facts could be hazardous as the same is not true. Such comments could compel us to take legal actions against you for unnecessarily and falsely pronouncing something in public domain that is untrue and thereby causing defamation and loss of reputation.

For your audience in general, we advice you to attach the copy of the order dated 26th April 2018 in its entirety so they can interpret the same on their own and not be subjected to your interpretation.


Reg. last two paras:

Sadly, you have once again shown your displeasure as to why are people not running to file complaints. You have tried to create a chaos and panic amongst the buyers in general and the existing customers. Why would you do so? Infact, you seem to be unhappy that there are no complains being filed in MahaRERA. Writing such things is an extremely malicious effort to malign the project and the present promoters. Instead, you must be happy that customers are satisfied and not running and filing complains since you claim that you are a warrior of “public interest”. As we have informed you earlier, we have ensured that almost all of our customers are happy and satisfied. But if the projects suffers a set back or any bad reputation due to your keen interest in our project, inspite of our best efforts to keep it smoothly afloat then, you Sir shall be completely responsible for the loss.
Thank You

For Sanyam Realtors Pvt. Ltd.

Wednesday, 27 June 2018

ShubhAtika: How Origin Realtors & Ravi Group extort money from Bhagtani victims

Mumbai, 27th June, 2018: Many FIRs have been filed at Economic Offenses Wing (EOW) against Bhagtani builders for scamming hundreds of people in half a dozen Bhagtani projects, but no FIR has been filed against them for scamming people through the projects of allied builders such as Ravi Group and Origin Realtors LLP. It is high time for such FIRs to be registered against Bhagtanis where the co-accused are Ravi Group builders Ketan Tokershi Shah and Jayesh Tokershi Shah, and also Gaurav Ketan Shah, Yash Jayesh Shah and Bhavya Jayesh Shah of Origin Realtors LLP -- a close-knit family similar to the Bhagtanis. Some Bhagtani victims duped into investing in Shubh Atika are preparing to approach EOW with complaints of cheating, conspiracy and -- most significant of all -- extortion i.e. IPC Section 383.

How extortion? By putting these flat-buyers into fear of irretrievably losing their life-savings, these builders extracted more money from them, and continue to do so. 

To understand how exactly, let us read the story of one of the scores of victims. Bhawana Piyush Kumar and her husband ("the Kumars") booked a flat in Bhagtani Riyo in 2012 by paying Rs 17.3 lakh. The Bhagtanis (JVPD Properties Pvt Ltd) did not deliver this flat, and made it clear that they would not return the money for at least three years. They gave them only one way out: "transferring the investment" to Shubh Atika, a project promoted by their "channel partners" Origin Realtors. Vinay Shukla, a key employee of Bhagtani, led the Kumars to believe that the amount of Rs 17.3 lakh would be "adjusted" towards a flat in Shubh Atika, a project belonging to the Bhagtanis' close associates and so-called channel partners Origin Realtors LLP. As per RERA website, Shubh Atika is scheduled for completion in December 2022.

By using the already paid amount of Rs 17.3 lakh as a hook, Bhagtani builders dishonestly induced the helpless couple to swallow one more hook, i.e. booking a flat worth Rs 47 lakhs in Shubh Atika. Vinay Shukla was reportedly hands-on in this deceitful transaction, which amounts to cheating and extortion. Shukla reportedly made the couple pay him an additional Rs 51,000/- in cash which he may have kept for himself, as this amount is not mentioned in any receipt.

On 6th October, 2017, Bhagtanis took the Kumars' signatures on blank cheques and blank RTBS/NEFT forms and transferred an amount of Rs 7.59 lakh
from the Kumars' account to Origin Realtors. Meanwhile, they only refunded a measly amount of Rs 2.04 lakh to the Kumars' account. 

Thus, by using the already paid amount of Rs 17.3 lakh as bait, Bhagtani builders dishonestly induced the helpless couple to swallow one more hook, i.e. booking a flat worth Rs 47 lakhs in Shubh Atika. This was the first act of extortion in this case. So now, the Kumars are like a fish that swallowed the hooks of two fishermen i.e. Bhagtani builders and Shah builders.


The second act of extortion is currently in progress, as the Kumars received a demand letter in April 2018 for further Rs 23 lakh. In addition to 15% of the consideration amount that they have already paid, the Kumars are being asked to pay a further 50%, although, as per RERA website, zero percent of the construction work has been completed, and the completion date is in December 2022!

Here is a video taken in June 2018, showing the Shubh Atika project work at ground level:
 

Timeline of Exploitation 

The below documents tell the story of the step-by-step exploitation:
 
1) August 2013: The Kumars paid cheques of Rs 17.3 lakhs to JVPD Properties.
 
2) October 2013: Allotment Letter of Bhagtani Riyo flat. 

3) November 2015: Project delay of roughly one year was intimated through this letter.

4) July 2017: Bhagtanis wrote regret letter saying that they were unable to complete the project and called the Kumars for a meeting to propose "transferring the investment". This was in fact an act of extortion, because it was well-known by July 2017 that Bhagtani's "refund" would never materialize. This left the Kumars with only one alternative, viz. "transferring the investment".
 
5) August 2017: Kumars signed the so-called Deed of Cancellation in Bhagtani's office with Vinay Shukla. They were forced to sign this dishonestly-drafted document that stated that "The investors informed JVPD that due to unavoidable circumstances, the investors are unable to continue with the investment and have requested to refund the total amount paid to JVPD." JVPD's stated inability to complete the project was not mentioned.

6) October 2017: Origin Shubh Atika Allotment Letter and receipts shows that Bhagtanis took the Kumars' signatures on blank cheques and blank RTGS/NEFT forms and sent Rs 7.59 lakh to Origin Realtors from the Kumars' account. Meanwhile, they only refunded a paltry Rs 2.04 lakh to the Kumars' account. Both these transactions were done together on 6th October 2017.

7) April 2018: Ravi Group sent a demand letter for Rs 23.68 lakhs towards "Installment no. 3" for "commencement of plinth work". This letter seems intended to scare the Kumars to come down to their knees and beg the Shah builders to cancel their booking. Rather than be required to pay this large amount, the letter may be intended to induce the Kumars to forfeit a substantial chunk of their booking amount, or even this entire amount.
 
There are many heart-rending stories of economic exploitation of 40-odd victims of Bhagtani and Shah builders, whom one may refer to as the "transfer victims of Shubh Atika". They will soon be shared here one-by-one.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com


Wednesday, 6 June 2018

RERA orders on Nirman's Viviana at Neral -- Early Warning Signal?

Mumbai, 6th June, 2018: Recent orders of RERA and its appellate tribunal give a ray of hope to flat-buyers of Neral Viviana and Nano City projects duped with false promises of possession in December 2015. These orders may help aggrieved buyers to seek refund with interest and compensation. However, Nirman's delay in payment may also be the first signs of impending financial failure.


Nirman's efforts to avoid refunding about Rs 18 lakhs to schoolteacher Suvarna Deokule backfired. Suvarna, a divorced mother bringing up her two children, argued her own case and got three consecutive favourable orders:

1) On 28th February, 2018, RERA member BD Kapadnis directed Nirman to refund her with 10.05% interest. Read the 1st MahaRERA order.

2) As Nirman did not comply, on 4th May, 2018, Kapadnis directed District Collector, Raigarh, to collect Suvarna's dues as arrears of land revenue. The order named the Nirman directors Kunda Suryakant Parab, Rajendra Madhukar Sawant, Ajit Shreeram Marathe and Sanjay Chandrakant Pangekar.  Read the 2nd MahaRERA order.

3) Nirman appealed against the RERA order. On 29th May, KU Chandiwal, President of Maharashtra Real Estate Appellate Tribunal, gave Nirman time until 31st July, 2018, to make the payment in a phased manner... or else! Read this order of Real Estate Appellate Tribunal.

Early-warning sign?

Nirman Realtors have delayed five months -- 28th February to 31st July for refunding a trivial sum of Rs 18 lakhs (which is now over Rs 22 lakhs with interest etc.). This gives some food for thought: Are Nirman's actions an early-warning signal that the company and its directors are on the verge of a financial breakdown, and may no longer have the financial capability to complete various projects in Maharashtra? Home buyers need to think hard about this before investing in Nirman's properties.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
------------------------------------------------

Also read:

1. Nirman Viviana flat-buyers: Is your 1 BHK really only a 1 RK?

2. Attention 1BHK flat-buyers of Nirman Nano City Neral: You were duped!

3. Nirman Developers defy RERA Orders, avoid refunding Viviana flat-buyer

4. Reply of Nirman Realtors & Developers re: RERA orders to refund Viviana flat-buyer