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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
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