Take cognisance of home buyer’s petition against HDIL, BMC, SRA, police: HC to govt
The petition also stated that the inaction on the part of the police against the builder, despite repeated complaints.
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Acting on a petition that alleges “cheating, inaction, misuse and abuse of power” on the part of Housing Development and Infrastructure Limited (HDIL), BMC, Slum Rehabilitation Authority (SRA) and Mumbai police, the Bombay High Court on Tuesday directed the state government to take cognisance of the matter. A home buyer in one of the flats in HDIL’s seven-acre Kurla project has alleged that others like him were promised possession in December 2011, but the builders demanded additional sum for extra area built and refused to handover flats.
IT professional Aejaz Saiyed (45), in his petition filed through lawyer Shabnum Latiwala, another buyer, told the high court that he booked a flat in the realty major’s Premier Residences project in Kurla (west) in 2009.
“Under the Registered Sale Agreement, the builder (HDIL) had to handover possession of the flat on or before December 30, 2011,” the petition said. However, possession to the petitioner and several others – a part of the sale component of a slum re-development scheme – was not given.
The builder is in breach of Section 7 (i) (ii) of the Maharashtra Ownership of Flats Act, as they altered the building plans without the consent of the buyers and constructed 11 buildings with ground plus 11 floors, it stated.
The petition has also leveled charges of malpractice and cheating by HDIL. Saiyed, in his petition, said the builder demanded money under the fungible FSI formula that comprises balcony, duct area and flower bed area. “As per the existing practice, the builder had already collected money in black and was still demanding more money,” it stated, adding, “At the time of sanctioning the building plan, the concept of Fungible FSI was non-existent.”
The petition also stated that the inaction on the part of the police against the builder, despite repeated complaints, was a clear case of “intimidation, insult, provocation and annoyance”. The petition has also alleged “inaction” and “misuse of power” on the part of the BMC and SRA, as the HDIL allegedly flouted rules with their “total immunity” and “protection”.
Latiwala said Justices V M Kanade and A K Menon directed the Kurla police to register a complaint and file a report in a week.
aamir.khan@expressindia.com
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