PUNE: The cantonment court here has sentenced two partners of a construction firm on Sinhagad Road to two years’ simple imprisonment for cheating a homebuyer.
Judicial magistrate first class Y P Pujari on Thursday also found Kishor Phale and Yogesh Phale, both partners in Dhaval Properties and residents of Hingne Khurd, guilty of having violated various norms relating to builder’s obligations under the Maharashtra Ownership Flats Act (MOFA). The two were given one year sentence for these violations.
“The magistrate later granted bail to the convicts to enable them to file an appeal,” complainant’s lawyer Sunil Kadam said. Hadapsar resident Abhishek Bihas Dutta had complained that the developers kept him in the dark and executed a sale agreement for a sixth-floor flat in a scheme Dhaval Windscape in Hadapsar which was sanctioned by the Pune Municipal Corporation up to only four floors.
Dutta alleged he paid total Rs 2,09,230 to the firm which did not give him the legal documents required for a home loan. The court observed that the firm had issued a brochure about the scheme which showed the proposed building of six floors which it was then not authorised.
“Only the commencement certificate (CC) and the 7/12 extract of the building was attached with the sale agreement. The CC nowhere discloses the sanction of floors. The plan attached with sale agreement is not sanctioned plan as it does not bear the seal and signature of the PMC. This fact itself shows that the said scheme was not sanctioned up to sixth floor, yet the accused executed the sale agreement for sixth floor flat and did not disclose the sanction issue to the complainant. Therefore, the intention of the accused was to cheat the complainant,” the court ruled.
Source : http://realty.economictimes.indiatimes.com/news/regulatory/pune-developers-get-2-years-jail-in-cheating-case/58309344