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.

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




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