Pune News : Complaint Filed Against Builder for Cheating Farmers From Pisoli of Over Rs 100 Crores at Kondhwa Police Station
In a significant development, the court of Hon’ble Judicial Magistrate First Class [J.M.F.C.], Pune Cantonment, has issued an order to file an FIR against Vedant Buildcon for defrauding farmers of more than 100 crore rupees. The court’s decision was made on 05.07.2023, marking a milestone in the pursuit of justice for the affected farmers.
The informant, Kunal Shankar Masal, is a co-owner of Survey No. 14/03, spanning an area of 01H 35R, located in Pisoli, Taluka Haveli, District Pune. In 2013, Masal entered into a development agreement with the accused individuals. This agreement, registered at Sub registrar, Haveli No. 22, Serial No. 6932/2013, clearly outlined the terms of revenue sharing between the owners and the developer.
As per the agreement, the owners (farmers) were entitled to 38% of the gross sale proceeds from residential, commercial, and parking spaces sanctioned against 01H 35R, while the developer was entitled to a 62% share. Additionally, the developer was obligated to open an escrow account, jointly held by the owners and the developer, and accept all funds exclusively into the said account. The agreement also stipulated the completion of the project by 2019.
However, the developer failed to comply with these contractual obligations. Instead, they obtained a loan of Rs. 6 crore on the land and commenced construction on the said land with project named ‘ARV NEW TOWN’. Contrary to the agreement, the accused began selling flats and shops as early as 2015 without opening the required escrow account, effectively keeping the owners in dark and upon discovering the unauthorized sales in 2020, Masal sent a legal notice to the realty firm owners on 04.10.2021. However, the accused responded to the notice on 26/05/2022, claiming that the revenue sharing agreement of 38% – 62% was a result of mutual mistake, indicating their intention to withhold the rightful 38% share from the owners (the farmers). It became evident that the accused had sold almost all the units of flats and shops without fulfilling their legal obligations.
Despite Masal filing a police complaint, no action was taken for over two years. Furthermore, the investigating officer, Mr. Vajir Shaikh, who was on the verge of registering an FIR against the accused, was transferred. The case was subsequently handled by Pramod Nalawde, Assistant Inspector of Police, EOW, Pune, who closed the case on 9.06.2023, citing it as a civil matter.
In pursuit of justice, Kunal Masal sought legal representation from advocate Tosif Shaikh, Adv kranti Sahane, Adv Shivani Gaikwad, Adv Mahesh gawali, Adv Swapnil Girme, Adv Deepak Gaikwad, Adv Suraj Jadhav, Adv Jaydeep Doke- Patil, Adv Mohamamd Shaikh and filed a case against the accused at the Cantonment court on 30.06.2023.
Taking into account the seriousness and gravity of the offense, the Hon’ble Court, Mr. C.B. Ondare, directed the Kondhwa Police to register the offense and launch an investigation.
This recent court ordered to register an FIR against the Builder serves as a ray of hope for the aggrieved farmers who have suffered substantial financial losses due to the fraudulent actions of the accused. The legal process will now be initiated, ensuring a thorough investigation into the matter and appropriate action against those responsible for this grave misconduct.
