Mumbai: Six years later, relief for couple in their fight against builder

Developer allegedly did not give couple one of the two flats they had purchased; the police had not filed an FIR claiming there was no criminal case and his action can’t be termed cheating

For the past six years, a couple from Goregaon had been trying to get the police to act against a builder, who allegedly cheated them by not giving them a flat despite an agreement. The police had claimed there was no material to book the builder for cheating and did not file an FIR. The couple then approached the Metropolitan Magistrate Borivli, who passed an order on September 27 for commencement of criminal proceedings against the builder.

Sale of two flats

Rekha and Rajkumar Hemdev, an Indian-Australian couple, had purchased two flats in Goregaon’s Vihang CHS at  Siddharth Nagar (West). The agreement for sale was done in May 2015 for flats on the 21st floor, nos. 2102 and 2102, with a total cost of R2.56 crore excluding stamp duty, vat and registration charges. But in May 2017, the couple was shocked when they were given only one flat, that is 2101, in possession.

“We confronted the builder but he didn’t listen to us. After the society was formed, the said area - of flat 2102 - was illegally handed over to society and now has its office. We tried to get justice but were intimidated by random persons to not pursue the matter “ said Rajkumar Hemdev. Following the threats, about six months back, the couple shifted to Pune.

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According to Hemdev, the police told them that there was no criminal case and it can’t be termed as cheating. According to the agreement (a copy of which is with mid-day), the couple was to get two units i.e. 2101 and 2102 but they got one flat i.e. having an area of 1,050 sq. ft. approximately.

‘No option left’

“After the police’s refusal we didn’t have any option but to go to the Metropolitan court to get justice. We approached it in January 2019. The Metropolitan Magistrate, Borivli heard the matter and asked the Goregaon police to file a report, which was given to the court after almost 18 months in December 2021, perhaps due to the COVID-19 pandemic,” added Hemdev.

“The duo first complained to the police about fraud, cheating and criminal intimidation by Kabra & Associates in 2015. However, aggrieved by continued inaction by the police to register an FIR, they were left with no option but to knock on the doors of a court for justice,” said Chetan Kavdia, advocate for the complainants and managing attorney of a Mumbai-based law firm.

The Court of Metropolitan Magistrate, Borivli on September 27 passed an order for commencement of criminal proceedings under section 420 (cheating) of IPC against Dilip Soni, Mahendra Soni and Kabra & Associates - the Sonis are in partnership with Kamal Kishore Kabra and Gautam Kabra. Kabra office personnel asked this reporter to speak to the Sonis. mid-day tried to get in touch with Dilip Soni but he did not respond, later saying he would speak to this reporter on Friday.

“The Goregaon police in their report submitted to the Metropolitan Magistrate Court concluded that prima-facie no case is made out against the builder. However, the court observed in its order that there is sufficient material which came on record for issue of process against the accused,” said Kavdia.

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