police complain against shyam regency ( palghar ) Dwarkadas Gangadas Panchmatiya and Nirav Dwarkadas Panchmatiya
Date : 23nd
jan 2019
From
Mrs Sharda Zavery (senior citizen- age 85)
AND
Mr Samir zaveri (age 54) son of sharda zaveri
(pow holderof Mrs sharda Zavery)
Address: B -602 Oberoi Garden , Thakur village
Kandivali east – mumbai 400101
Cell No: 8080704539 , Email:slz1964@gmail.com
To,
The Presiding officer
Kandivali police station
Parekh Nagar, SV Rd, Opp. Shatabdi Hospital,
Kandivali West, Mumbai – 400067
Subject : FIR /
criminal complaint against builders and developers M/s
Shobha Realtors and others
Dear Sir,
I, Samir Zaveri along with my mother Mrs Sharda Zavery ( Sr
citizen – age +84) herein referred as complainant , would like to file an FIR /
Criminal complaint against the following, herein referred as Accused,
1.
M/s Shobha
Realtors (builders and developers) and a registered partnership firm
2.
Mr. Dwarkadas
Gangadas Panchmatiya (Partner of Shobha Realtors)
3.
Mrs. Shobhana
Dwarkadas Panchmatiya (Partner of Shobha Realtors)
4.
Mr. Nirav
Dwarkadas Panchmatiya (son of Dwarkadas Gangadas Panchmatiya and partner of
Shobha Realtors)
having their office at the following address
M/s Shobha Realtors
Office at 33, Balasinor Soc., Opp.
Fire Brigade, S.V.Road,
Kandivili (W) Mumbai- 4000067
Grounds for complain
After
searching from the Internet, the complainant had visited the accused’s Office
at 33, Balasinor Soc., Opp. Fire Brigade, S.V.Road, Kandivali (W) Mumbai- 4000067 and had jointly booked a residential
flat with the Accused in their upcoming Palghar
project: M/s Shyam Regency Flat
no. 103 - A wing - 1st floor Old Satpati Road, Palghar West, on 10th
June 2013 for a total sum of Rs Rs. 15,98,000/-(Rupees Fifteen Lakhs Ninety
Eight Thousand Only).
Out of
which Rs 5,00,000 was paid initially to confirm booking on 12th june
2013 at their Office at 33, Balasinor Soc., Opp.Fire Brigade, S.V.Road, Kandivili (W) Mumbai- 4000067. (exhibit
-1-3)
In good times,
the accused had verbally assured and promised possession by March 2014 (exhibit 4), which later it shifted to Dec 2014. The complainant,
in good faith, continued to make subsequent
payment as per the due dates mentioned in the demand notice of the accused.
The total amount paid was to the tune of Rs
13,58,300 (thirteen lakhs fifty eight thousand three hundred only) towards
the said flat , The said payment also includes a loan of Rs 3,88,300.00 ( thirteen lakhs fifty
eight thousand three hundred only) taken by the complainant from HDFC bank on 24th OCT 2014 to pay the
accused as per schedule.
The
complainant and the accused also entered into an agreement for sale (exhibit
5-11) dated 30/09/2014 and registered the same with the respective
authorities at palghar with the possession date mentioned as “April 2015”(exhibit 7) (further delayed
of 4mths from the earlier verbal commitment of dec 2014). This was acceptable
by the complainant as such delays of approx. 1-1.5 yrs was normal with all the
builders during that time.
Later, the
complainant was making regular visits to the site to check the progress. In due
course, the complainant was shocked to see that the progress was deteriorating
with every visit. The way the work was going on, there was no possibility of
completing the same and giving possession as per the due date of April 2015 as mentioned in the agreement.
There was no sign of progress and there was lot to be done as mentioned in the
brochure (exhibit 22-25)
Later, the
accused rolled out their last and final payment demand letter dated 23/04/2016 (exhibit 12) and sent it
to the address of the complainant towards full and final payment of the said
flat
Before
making any further payment, the complainant insisted on visiting the site. The complainant
(along with the representative of the accused) visited the site and found just marginal
improvement in the work done. But, major work (as mentioned as below) was
yet to be done, the last and final demand letter was wrongly time as it
was only supposed to be raised during possession and completion of the entire
work.
·
There was no electricity connection.
·
No water connection.
·
2nd and 3rd coat of
painting of the flat and the building not done.
·
No landscaping done.
·
Underground water tank fitting incomplete.
·
No entrance and gate of the compound.
·
Garden not done.
·
Bathroom fittings and light and fan fittings not
done.
·
Non removal of debris.
The
complainant later replied (exhibit 13-15) stating the above mentioned
facts and further stated the full and final payment would be made if and only
if the entire work was completed.
By this time,
the complainants were absolutely tensed and worried as the accused had stopped
responding at all. Instead, the accused started playing avoiding tactics, not replying to calls and sms (exhibit 16-21),
cutting calls, not responding to personal visits as most of the time they remained
away from their own offices, no proper representative to reply queries ..etc..
The only
worthwhile sms the complainants got was that of shortage of SAND (exhibit
-16) whereas all other projects around that area, which the complainant had witnessed and seen during
the visits to M/s Shyam Regency and which had started in 2013 and later,
were complete and possession given.
There was no shortage of sand to anyone except the accused, and that too for so
many years.
On
further Inquiry, it is also reliably learnt that the accused had
overtraded/invested in their real-estate business especially in their upcoming Mahabeleshwar projects, and since the real
estate markets were in bad shape, there were no takers for their projects. This
had led to severe shortage of funds at their end which let to delays at the cost
and losses of buyers/investors who had invested in their project.
After being harassed and misguided for 1.5 yrs.
The Complainants were forced to file a case in the consumer court in month of Feb 2017 (exhibit)
and till today fighting for our
possession along with costs for damages and mental trauma or refund with interest
and costs
In lieu of the above facts, the complainants
would like Charge the accused as follows
Cheating/misleading /misappropriation and
misrepresentation of facts: The accused have induced and duped the complainant (SR citizen) and have
taken payments by false promises and commitments time after time with regards
to possession date and completion of work as promised and shown in the brochure (exhibit 22-25)which has led to sever losses and opportunity costs
and deterioration in health of one of the complainant who happens to be a
senior citizen
Breach of trust and misrepresentation: the complainant were made to
believe by the accused that they were dealing with the most repute builders and
there was nothing to worry about anything, by boasting about their big upcoming
projects and maintain posh offices and a lavish lifestyle
The complainant
have trusted and respected every word of accused, and paid every instalment as
per due dates, even took bank loan to see that their payments are made on time.
Till today we are fighting for our possession /refund with interest cost and
damages.
Mental trauma and harassment:
·
Avoiding
tactics and negligence
·
Change
of intensions - harassing buyers/investors
·
Disconnecting
phone calls,
·
No
satisfactory reply to letters and messages,
·
Remaining
away from office,
·
Not
being contactable/ as if absconding,
·
No
proper representative in their absence to answer queries and replies,
·
No
proper authority to personally meet at the office and building site to discuss
issues, in their absence
·
No
progress in the building work for yrs, work at standstill
·
Nobody
is bothered or concerned about the fate of the investors and their projects.
Due to
the above mentioned reasons, the complainant have been harassed and mentally
traumatised especially complainant Mrs Sharda Zavery( sr citzin +84 yrs) who is
severely suffering from severe attacks of Vertigo (exhibit 26-27) and ill health due to the feeling that she has been
cheated by the builder and her entire life saying has gone down the drain.
The
accused are solely responsible for the deteriorating health issues suffered by
complainant Mrs Sharda Zavery
Unfair practices by the accused:
·
No
feedbacks,
·
Change
of intensions
·
Alleged
Misuse/diversion of buyer/investor funds, causing delays
·
Avoiding
tactics
·
No
representative to reply
·
No
cause for concern or buyers and investors
·
Work
is at a standstill as if nobody is bothered or concerned about the fate of the
investors.
The complainant seek to impose severe punishment and
penalty by apprehending the accused (put behind bars), taking the accused on
remand and prosecute them for the state and affairs which the complainant (especially senior citizen Mrs Sharda
Zavery) have been made to suffer till they come up with a solution to
make good all the losses suffered by the complainant due to their attitude of cheating
and misguiding and misrepresentation of the facts, breach of trust, negligence , miscommitments
Hope our
prayers will be answered,
Thanking
you
Mrs Sharda Zavery (senior citizen- age 85)
Sd/-
___________________________________
Mr Samir Zaveri (age 54) son of Mrs Sharda Zaveri
(pow holder of Mrs Sharda Zavery (exhibit 28)
Sd/-
___________________________________
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