<link rel="stylesheet" href="//fonts.googleapis.com/css?family=Open+Sans%3A400italic%2C700italic%2C400%2C700">Sulaiman Bhimani, Author at Aam Janata « Page 3 of 9Skip to content

About Sulaiman Bhimani

I am the President and Founder of NGO called the Citizens Justice Forum (Reg No. E-28689 Mumbai) Our NGO is primarily functioning to address, resolve and put to rest the grievances of masses at large particularly those sections of society who are underprivileged, ignorant and unaware about their legal rights given to them by the Indian Constitution and are being exploited legal system. In short, we aim to assist those who seek justice, achieve their rights given to them by law. Once such issue is brought to our notice by aggrieved citizens, we after a thorough study of the issue we represent the suppressed, aggrieved and neglected citizens. By taking up their issues with higher authorities and put the issues in Public domain through social media posting on blogs, tweet them or publish in Main Media as the case may be. Keeping in mind at all times the benefit and up-liftment of the aggrieved citizens, the gross injustice done to the citizen of India who ought to be protected by the hands of law and hence we take this initiative to address their issues.

FIR against Directors Anubhav, Gukul & Saranga Aggarwal of RNA builders for duping buyers EOW not arresting the Accused.

The buyers claim that RNA Corp has been delaying handing over possession of apartments at Kalina complex for seven years

The Economic Offences Wing of the Mumbai police have filed an FIR against a leading property developer for allegedly duping over 150 buyers.The complainants have alleged that the directors of RNA Corp and its associates have interminably delayed handing over possession of apartments booked by them at the developer's project in Kalina in 2010.The buyers claim that they have already paid around 70% of the money for apartments at RNA Address that were priced between Rs 1.5 crore and Rs 3 crore.

The builder, they said, had initially promised them possession in 2014, but has been delaying the handover claiming to have failed to acquire necessary permissions from the BMC. According to the buyers, in March 2013, after completing the third slab, the builder informed them that work would remain suspended until additional approvals were obtained within a few months.Further enquiries over the next couple of years, right until last year, were deflected by the builder, who kept blaming the civic body for taking time to grant approvals. Earlier this year, some of the exasperated buyers made enquiries with bodies such as MHADA and MCGM about the status of the project, and said they were surprised to find that RNA had not made certain payments with respect to the pending approvals.

Pradeep Banerjee, a director at an MNC, who has brought three apartments in the complex, told Mirror that the buyers were tired of RNA's excuses. “Every time we approach the builder he comes up with some excuse or the other. All promises made by the builder have been proven to be fake.“ Ashish Verma, another buyer, claimed that the police were delaying taking action against the builder. “Earlier the FIR was registered with Kherwadi police, and now EOW has filed the FIR on the same complaint. It's been four days since the FIR has been registered and no action has been taken. Instead of arresting the accused, the cops are asking for original documents from us.All these are delaying tactics. The delay in the handover of the flats, said advocate Ameet Mehta, who is representing the buyers, was severely inconveniencing several of them. “It's been seven years, and many buyers are senior citizens.“

An EOW official, involved in the investigations, said, “The scam could involve over Rs 100 crore. Statements are being recorded and suitable action will be taken soon.“

Anubhav Agarwal, a director at RNA, said “These are people with malicious intentions. We had moved court also because of such intentions. The delay in the project was due to us not getting permissions on time. The court is yet to pass an order on the same. The case is subjudice. Meanwhile, we can't understand how the cops can file a case against us. We will challenge the same in court.“

Thursday, April 27, 2017
By Raju Vernekar
An FIR (90/2017) has been lodged at Bandra's Kherwadi Police station, against a developer on charges of delaying redevelopment of buildings located at Kole Kalyan, Kalina in Santacruz (East) and keeping 67 allottees on tenterhooks for nearly a decade despite collecting nearly Rs 87 crore from them towards the cost of the flats.
The FIR was lodged on April 19, 2017 by Police Sub Inspector Jashri Sangle, based on the complaint of a 72-year-old allottee Clifford Menezes, against the directors of RNA Corp Pvt Ltd; Anubhav Agarwal, Gokul Agarwal, Sarang Agarwal and others. Sections 403, 420, 34 of the IPC and the Maharashtra Ownership of Flats Act (MOFA) have been leveled against the accused. The FIR says that the accused collected Rs 87,11,53,540 from 67 allottees but failed to give possession of flats, for nearly a decade. The FIR was subsequently transferred to the Economic Offenses Wing (EOW) of the Mumbai Police for further investigation.

When contacted, Assistant Police Inspector (API) Vikrant Shirsat of EOW told The Afternoon D&C that more FIRs are likely to be filed against the accused and no one will be spared. At present we are conducting a thorough inquiry into the matter, he added.
According to documents made available by RTI activist Sulaiman Bhimani, the developer agreed to redevelop Sunder Nagar Co-op. Society, Siddhesh Co-op Hsg Spociety, Matoshri Co-op Hsg Society and Kamkar Chawl located on plots (City survey No. 4853,4853/1 to 85, 87 and 88) totally ad measuring 14,956.41 square mtrs located in Kalina.
The Brihanmumbai Municipal Corporation’s building proposal issued IOD (Intimation of Disapproval) under section 346 of the BMC Act on September 7, 2006, and subsequently issued a commencement certificate on March 30, 2007, to the developer. Despite all the clearances, no construction was started in time.
The proposed composite project was titled as 'RNA Address' which was supposed to have 7 buildings with an area of 57,4945 sq. ft. comprising 294 premium apartments of 2 BHK, 3 BHK and other configurations. The total sales value of RNA Address was estimated at Rs 1,009 crore of which the developer sold units worth Rs 360.35 crore.
Yet the developer issued letters of allotment to the allottees, towards purchase of the flats. The allottees made payments ranging between 20% to 60% of the total purchase, based on the reminders of the developer. Besides the tripartite agreements were also executed and entered into between the allottees, the developer and the State Bank of India(SBI). In terms of the agreements, SBI sanctioned stipulated loan amounts in favour of individual allottees based on the guarantee provided by the developer in favor of SBI. The developer agreed to obtain the necessary permissions and register the ownership agreements, within twelve months of signing the agreement.
On May 11, 2012, the developer communicated to the allottees, that due to certain amendments in the Development Control Regulations of the BMC, the number of floors of 'RNA Address' have been reduced to 13 from earlier 15. As such the payment schedule stands revised.
In March 2013, the developer told the allottees that the third slab had been completed, but since the approval was obtained only for the construction up to the third slab, the work would remain suspended till additional approvals were obtained from the BMC.
Then on March 30, 2016, the developer obtained a fresh NOC from the Mumbai board of MHADA to commence work but again kept the work pending. When some of the allottees inquired with MHADA and the BMC about the delay, they were surprised to find out that since the developer did not make required payment, the approvals were held up.
As of now there is a plinth plus three storey structure in an absolute wretched condition at the site. Now some of the allottees have also submitted a petition to the National Consumer Redressal Forum, seeking justice. Repeated attempts to get version of the developer failed since RNA’s supposedly 'Corporate communication team' went on dodging the issue.

ISSUED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

MMRDA has given permission to set up a multi-storey public car parking facility in a Slum Rehabilitation Authority (SRA) building being constructed at Oshiwara, Goregaon West near Ram Mandir railway station to accommodate Project Affected People (PAP), without even conducting a feasibility study.

Ground plus seven floors are being constructed as part of “ RNA Exotica complex”  which will be reserved for tenements to be constructed for the PAPs. Besides the public car parking facility will be set up from the 9tH to 18th floor. MMRDA has given permission for this car parking facility even without carrying out a feasibility test.

In reply to a query by RTI activist Sulaiman Bhimani, Rahul Pande, Public Information Officer and  Deputy Town Planner, MMRDA, vide his letter No MMRDA/SRA Cell/30/17 dated 20 February 2017 replied that the information whether or not a feasibility test was carried out, before granting permission for the car parking is not available and if dissatisfied Bhimani may approach MMRDA’s appellate authority, SRA cell.

When contacted Additional MMRDA Commissioner Anil Wankhede told The Afternoon D & C, that the permission for public car parking facility has been granted, by clubbing it with slum rehabilitation project since the plot was reserved for the car parking. The decision was taken much earlier. But it is not clear why no feasibility study was conducted. Yet we will look into it, he added.

However Bhimani maintained that the  permission for car parking was granted in haste by former MMRDA Commissioner  Ratnakar Gaikwad before he became the Chief Secretary of Maharashtra, using his discretionary powers and malpractice in the deal was not ruled out. Basically the car parking on such a massive scale (for nearly 190 cars) is not feasible, because it will increase the load tremendously on the building. Besides, the cost will be Rs 300  per trip (ground to 18th floor and back). As such there will be no takers.

“The building is yet to be completed so the corrective action can always be taken to make better utilisation of 4 FSI granted. If the MMRDA does not amend its decision, we will have no option but to launch an agitation against this car parking which will be a “white-elephant” he added. When contacted RNA team preferred to dodge the query and did not furnish any reply.

is it feasible?
A feasibility study evaluates the project's potential for success; therefore, perceived objectivity is an important factor in the credibility of the study for potential investors and lending institutions. The feasibility study involves taking a judgment call on whether a project is doable. The two criteria to judge feasibility are cost required and value to be delivered

ISSUED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

Golden Chariot flies again without NOC

Tuesday, March 28, 2017
By Raju Vernekar

In a classic case of apathy, the inspection carried out by the State Energy Department, into a fire that broke out at the Golden Chariot Hotel, located at Hub Mall, Goregaon East, in December last year, has remained on paper and the hotel has resumed normal operations despite the fire brigade revoking an NOC granted to it.

The hotel was gutted by a massive fire on December 29, 2016 and the hotel management was accused of carrying out structural changes and blocking fire exits, which allegedly led to delay in putting off the fire.

When contacted Pravin Agarwal, one of the Directors of the Golden Chariot Retreats and Infra Private Limited told The Afternoon D & C that, “It was a small fire and now everything is in order and the hotel has been functioning normally.” When asked about the cause of the fire, he replied, “You ask this to the fire brigade.”

In turn, Deputy Chief Fire Officer Vijaykumar Panigrahi maintained that the NOC granted to the hotel has already been revoked and all the facts have been placed before the BMC’s P south ward office. Now it is the responsibility of the respective ward office to verify whether the hotel is open or closed down.
In its report dated 6th March 2017, the fire brigade had stated, "It seems there are discrepancies in the area, encroachment, unauthorised addition/alteration, construction of loft, etc. in the said premise... In view of the above, the NOC/requirement letter issued under no. FBL/S/106/1076 dated 01/11/2006 by this department stands cancelled."
Whereas Assistant Municipal Commissioner Santosh Dhond claimed that the BMC has taken necessary action and served notice to the hotel owner, but he has moved the court in the matter.
But basically, the whole inquiry is shrouded in mystery. As per the information collected by activist Sulaiman Bhimani through RTI query, the Assistant Electrical Inspector of the State Energy Department, in his report dated 18 January 2017 has stated that the fire broke due to the combustion of oil accumulated in the chimney when it came in contact with a spark emanated from the tandoor oven. The same report also stated that there was no trace of a short circuit. However the manager of the hotel tried to manipulate that the fire emanated from the switchboard, Bhimani said.
Commenting on the alleged “hide and seek” between the fire brigade and the BMC, Bhimani said that when a fire breaks out, everyone shouts and announcement of “strict implementation of fire safety norms” is made but after a few days everything is back to square one and authorities themselves leave loopholes to enable the guilty to circumvent the action.
In another development, the designated officer, P Southward has sent notices under section 488 of the BMC Act, on 25 March 2017, to different occupants of the Hub Mall, including “Palasia Saloon” saying that the inspection of their premises will be carried out anytime on 29 March 2017. This is nothing else but an attempt to pressurise them so that they do not reveal anything to outsiders about the laxities within the mall, Bhimani said.
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com
link to the other article published before

No BMC action against Golden Chariot

Wednesday, March 15, 2017
By Raju Vernekar
Although the fire brigade has cancelled the NOC granted to the Golden Chariot Hotel, located at Hub Mall, Goregaon East, which was gutted in a massive fire on 29th December, 2016, the BMC is yet to take action against the hotel which was accused of blocking fire-exits and carrying out structural changes that allegedly led to delay in putting off the fire.
 Deputy Chief Officer has cancelled the NOC (FBL/S/106/1076 dated 01/11/2006) granted to the hotel, vide his letter dated 6 th March 2017. However BMC’s P South ward office maintain that  although the notices have been issued to the hotel for violation of safety norms, the hotel has moved the court and the court has granted a stay in the matter.
Basically in the writ petition (105/2017) filed by the Golden Chariot Hospitality Services Private Limited against the state government, the rule is yet to be granted. When the petition came up for hearing for the first time, a bench comprising justices Naresh Patil and M.S.Karnik observed that, “Registry has not produced papers and proceedings of the present writ petition. Hence it stand over to 22 February 2017. In the meantime registry to trace out and ensure that papers are produced on next date of the hearing. Now the petition is to scheduled to come up for hearing on23 March 2017.

Speaking to The Afternoon D & C, Assistant Municipal Commissioner Santosh Dhond said, “The BMC has taken required action in the matter. But now the court has granted a stay in the matter”.

Senior Inspector of Police Jyotsna Vilas Rasam of Vanrai Police station said that the cases have been registered against the hotel under the Maharashtra Regional Town Planning (MRTP) Act 1966, as advised by the BMC. “We are moving as per the instructions of the BMC, which is supposed to look after the issues like how fire broke out ? whether unauthorised structural changes led to aggravation of fire ? etc”, she added.

RTI activists Krishnraj Rao, Shaikh Fakhruddin Junaid and Sulaiman Bhimani, who have been monitoring the case, maintained that the Deputy Municipal Commissioner Kiran Achrekar and Deputy Chief Fire Officer V N Panigrahi had ordered the closure of the hotel long back.

But the hotel continues to function, may be due to collusion with the  BMC officers. Initially the officers dragged their feet making it easy for the accused to move the court, they alleged.

It may be recalled that a complaint report of the Chief Fire Officer dated 14 November 2014, had pointed out many irregularities including unauthorised structural changes, closure of fire exits etc and had directed the BMC’s P south ward to take immediate action in the matter. The report stated that “The P ward shall be asked to urgently visit the premises to verify the license and the area of trade and activities of the “Golden Chariot Restaurant” and take appropriate action under section 394 of the Mumbai Municipal Corporation Act 1888, to stop unauthorised utilisation of additional area of the common passage for restaurant activities. The action of the hotel management could not be obtained despite many attempts. The catering staff at the restaurant said that everything was normal after the fire and now the hotel was functioning routinely
The high Court has not Granted stay to Golden Chariot but the AMC Psouth is protecting the culprit, the matter in the High Court is kept for admission and circulation as per High Court website
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081