Case filed against Mumbai’s DB Realty over delayed possession
A group of buyers has filed a complaint with Kashimira police in Mira Road against D B Realty, under the Maharashtra Ownership Flat Act (MOFA), accusing the builder of delaying the project and misleading them about the possession date. The builder denied the allegation.
Police registered the case under sections 3 and 13 of MOFA against Vinod Goyanka, Shahid Balwa and five others.
Superintendent of police (Thane rural) Mahesh Patil said, “We registered the case against them and during the probe, if needed, we will add other sections.”
The complainant, Abhijit Dhiwar, said he had booked a flat in the D B Ozone project near Dahisar toll naka in 2010. He had registered the flat after two years and was promised possession in December 2014, his complaint stated. There was a grace year to complete work but the builder failed to meet the deadline, he said. Dhiwar, along with others, tried to find an amicable solution and demanded compensation for the delay.
Dhiwar said, “There was no proper reply from the builder, after which we started approaching various authorities. We have filed the case and requested police to add the cheating section but they refused. He is misleading us about the possession date. He has given us a new possession date of November 2017 but he mentioned the date as December 2019 on the Real Estate Regulatory Authority (RERA) website.”
The 27 other flat-buyers who recorded their statements against the builder alleged that he was charging Rs1,000 per sq ft extra, which was not mentioned in the offer letter.
D B Realty legal representative Shailendra Mishra stated that police cannot register and investigate the case under MOFA. He said, “There is a competent authority to deal MOFA cases, who decides if there is any violation. One should first approach the competent authority for any dispute.”
He stated that there was no delay in completion of the project from the builder’s side. He said, “It was because of certain circumstances which were beyond our control. We submitted our reply to the legal authorities and the matter is sub judice. We will expedite work and are committed to complete it on time. There is nothing wrong in charging Rs 1,000 per sq ft from buyers, as it was clearly mentioned in the agreement.”