Under 420, 34, 406 sections of Indian Penal Code &
Section 3 A, 4 A, 13 B & 23 A of Maharashtra Ownership of Flats Act (MOFA)
Hinjewadi Police station registered FIR against Riverview Properties,
the developers of KUL Ecoloch at Mahalunge:
|Ms. & Mr. Ashwin Dudharam Gondane, the flat buyer in KUL Ecoloch Mahalunge filed an FIR against Kumar Builder KUL|
The police can file an FIR against the builder!
1) Section 420 in The Indian Penal Code - is for cheating and dishonestly inducing delivery of property. It's a non bailable & cognizable offence. Punishment is imprisonment upto 7 years & fine.
2) Section 34 in The Indian Penal Code - is for the criminal acts done by several persons in furtherance of common intention
3) Section 406 in The Indian Penal Code - is for criminal breach of trust. It's a Cognizable & Non-Bailable offence. Punishment is imprisonment for 3 years, or fine, or both.
4) Hinjewadi Police registered the FIR because on the 1st of July 2016, Special Inspector General of Police Mr. Prabhat Kumar issued a circular and instructed Maharashtra Police to register FIR against the builders under Maharashtra Ownership of Flats Act (MOFA) if -
1) If the builder has not given possession of the flat on the date committed in the agreement.
2) If the builder has not obtained Completion & Occupancy Certificate before giving possession of flats.
3) If the builder has not displayed sanctioned plans at the site.
4) If the builder has not signed & registered the agreement after collecting 20 per cent of the property price from the flat buyer.
5) If the builder has not opened separate bank account & hasn't deposited moneys collected from the flat buyers in that account.
6) If the builder has not constructed as per the sanctioned plan or has constructed more than the sanctioned plan.
7) If within 4 months the builder has not applied for the formation of Co-operative housing society
8) If the builder has not done conveyance - has not transferred the ownership rights on the land & buildings - to the cooperative housing society - within the 4 months from the formation of the society.
In this circular, Mr. Prabhat Kumar, has informed that these are cognizable offences for which 1 to 5 years imprisonment is the punishment.
The circular also said that if they received this type of a complaint - the police have the right to register an FIR against the builder.
Who can imagine to register an FIR under MOFA?
I don't know about Pune Police, but for me it was a surprise. In fact, a big surprise. Mainly because I was under the impression that, nowadays, there is no law in force to regulate real estate market.
The MOFA was scrapped on 6th Sept 2015 by The Maharashtra Housing (Regulation & Development) Act, 2012. And the center government's RERA - Real Estate (Regulation & Development) Act 2016 - repealed it on the 1st May 2016. But RERA was not implemented fully.
So, when the notification mentioned MOFA - I was surprised.
Which flat buyer would like to file an FIR against the builder?
Second reason for surprise was registering FIR against the builders!
Who can think of filing an FIR against the builder?
Flat buyers in Pune? No!
Majority of the flat buyers in Pune do not even let me blog about their issues.
Filing an FIR against the builder? Just forget about it.
Pune flat buyers love their builders more than they love their children.
Why the police should not take any action against the builders!
A) Suo Moto Action:
Good! Special inspector general of police didn't tell the police to take suo moto action against the builders - as directed by Bombay High Court about illegal constructions. Remember what did the court say?
"Why do you (police) want some aggrieved individual to come and register FIR. Is the police helpless? Why cannot you (police) initiate action on your own. Is there nothing like taking suo moto action? Once the police is aware that an offence has taken place then suo moto cognizance can be taken," the court has said.
Just imagine what would have happened if police started taking suo moto action against the builders.
Incidents like Sachin Agarwal of Maple Pradhan Mantri Awas Yojana Scam running away in the presence of the politician would have been repeated every day. And the police would have been ridiculed in the media for that.
B) Civil War:
Obviously, someone must have thought that, to strengthen the people's trust in the Indian judicial system, suo moto or after the FIR is lodged, the police should avoid taking any action against the builders.
If all builders in Pune went to jail - the young IT professionals in Pune who haven't yet booked flats - may start an agitation against the police - demanding - if the builders go to jail who will fulfill our dream of owning a home!
Who knows? A major civil war would erupt between those who have booked the flats and those who haven't yet booked the flats. Those who are victims of the builders and those who are not victims of builders.
Police usher new era of friendship, cooperation and prosperity in Pune real estate market!
Pune police know that their main job is to protect the citizens. The best way to protect is to avoid war. A war between the flat buyers and the builders. If we can bring two warring factions on the same table we can prevent war and make peace between the builders & the flat buyers.
So, Pune police simply neglected the provocative news stories published in the newspapers about themselves. For example:
1) One builder said - the police circular opens builders to blackmail from all sections.
2) Mumbai builders claim the circular is just another ploy that would help police officers to extort money from them for any small reason.
3) Flat owners without OCs to file police cases against builders.
4) Mr. Sanjay Deshpande, one of the builders in Pune, announced that - "It's Police Raj Over Builder Raj!" - and asked - "What next? Apply Martial Law & bring Army with AK 47 to punish builders in the name of protection of common man!"
5) When home department wrote to director general of police that the circular is "inconsistent with provisions of the Act" - the builders announced that the circular is withdrawn.
But Pune police said - circular or no circular - we must stop war and make peace among the flat buyers and the builders in Pune.
We must usher new era of friendship, cooperation and prosperity in Pune real estate market.
And you know?
Though the first FIR against the builder was registered in Pune real estate market at Dehu Road - Pune police almost succeeded in their mission to make peace among the flat buyers and the builders.
I have seen how efficiently & effectively Pune police deal with this issue.
I have spent an entire day with one flat buyer at one police station. Thanks to Pune police! The builder successfully managed to convince the flat buyer not to file an FIR - at least that day. The next day - that flat buyer told me that he has realized the importance of friendship & cooperation!
One other group of flat buyers also went to register an FIR against their builder. But police persuaded them to discuss with their builder before filing an FIR and sent home.
|Police, Builder & Flat Buyers at KUL Ecoloch Site Office on Saturday, 23rd July 2016|
Because of these experiences, I was sure, Hinjewadi police will convince the flat buyers in KUL Ecoloch. They will not file an FIR against Kumar Builders KUL. That's why I didn't go to Mahalunge at 10 am on Saturday. Around noon, I called one of the flat buyers. He told me that they are at Hinjewadi Police Station!
"What? Where? Really!," I said in disbelief.
Are these flat buyers of KUL Ecoloch love their children more than their builder or what? I asked myself.
How can Pune police fail to stop war and make peace among the builder and the flat buyers? I asked myself.
I spent the entire day with the flat buyers of KUL Ecoloch at Hinjewadi Police Station but didn't get the answers.
If you know, please, let me know - out of some 1200 flat buyers in the first and second phase of KUL Ecoloch - how can only one flat buyer dare to file an FIR against the builder for not giving possession of the flat?
|A few flat buyers of KUL Ecoloch at Hinjewadi Police Station|
What? Who is the builder?
Why are you interested in the builder?
No. Lalit Kumar Jain's name is not mentioned in the FIR.
What about the arrest?
You people watch news channels and expect that every time after registering the FIR police go and arrest the culprit.
You are warmongers. You are not peace lovers.
But remember - Pune police are for peace. Peace between the builders and the flat buyers.
Pune police are trying to usher new era of friendship, cooperation and prosperity in Pune real estate market!
|Are these flat buyers of KUL Ecoloch love their children more than their builder or what?|
1) An Invitation for Kumar Builders KUL Ecoloch Mahalunge Phase 1 & 2 Flat Buyers
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