Mr. Nitin Sheshnarayan Tiwari

Pramod Bungalow, Plot No. D-20/202,

Malwani Church, Marve Road,

Malad (West), Mumbai:

To,

The Commissioner of police

Crawford market, Mumbai

Sub 2: Complaint against Ruparel Reality having address at Ruparel Irish, Level 1-2, agro Mark laboratory, Sonapati Bapat Marg, Matunga West for the offences u/s 3 and 4 of Maharashtra Ownership of Flat Act 1963, and also u/s 420, 406 r/w sec 34 of IPC. 

Respected Sir,

1.      I say that I am residing at the above address from last 30 years along with my family, I say that I am engage in the business of Software , Hardware And Security System in name and style of Aarav Software services Private Limited and I am running the said business from Unit No. 1023-1024, 10th  Floor, IJMIMA Tower, Link Road , Malad West, Mumbai, I say that I am the Managing Director of the said business and I am looking after the day to day affairs of the said business from last 5 years.

2.      I say that The sales manager of India Info Line Limited( Ruparel Realty Broker) namely Jasmeet Kaur use to visit our above office for the business purpose, as she use to visit our office we were known to each other very well, I say that in the year 2015, she requested me to buy a property, I say that she also told me that Ruparel Realty is constructing a project of at K.D Compound, 90 Feet Road, New link road, Kandivali West, Mumbai and also told me that the Builder has all the permissions for the development of the project,  I say that thereafter in the month of Feb 2016, I went to see the construction site of the property and there I met Mr. Balraj Jha and Mrs, Nisha aged about 27 years and when I reached there I saw that there were many Hutmen situated on the said plot, when I informed the same to the Mrs. Jasmeet Kaur about the hutmen and when the construction will be about to start, she told me that  they have entered into the agreement with the hutmen and the hutmen has also signed the paper and within few days the hut were about to be demolished and the project will start soon thereafter.

3.      I say that after 4 to 5 days, Mrs. Jasmeet Kaur and Mr. Balraj Jha came to my office and told me that the Ruparel Builder have all the permissions and requested me to Give Rs. 1,00,000/- as a booking amount for the project and also told me that if the project does not get completed , they will refund my booking amount, I say that thereafter I booked 4 flats in the tower namely “Ruparel Skygreen” at the rate of 8,900 per sq.ft, 50/- floor Rise, 5,00,000/- Car parking , I say that I gave 4 cheques to Mrs. Nisha dated 15/03/2016 in the name of Shree Sidhivinayak Infrastructure & Realty.

4.      I say that the 4 cheques were given from my account namely Axis Bank, having account No. 914020054456255 and all the cheques got honoured on 29/03/2016.

5.      I say that after all the cheques got honoured, the executive of Ruparel Realty Mrs. Nisha Karnale informed me that I will be getting my allotment letters of all 4 flats with few days after the cheques get cleared, I say that after 1 month I called Mrs. Jasmeet Kaur and enquired about my allotment letters but she told me that that I will be getting my allotment letters of all 4 flats as soon as possible.

6.      I say that in the first week of June 2016, I received a letter on the Letter Head of “ Ruparel Realty “ signed by the Shree Sidhivinayak Infrastructure and Realty and it was written RESERVATION LETER of all 4 flats, I say that I enquired about the same to Mrs. Jasmeet Kaur as to why they have sent Reservation letter and not allotment letter of 4 flats, in the said reservation letter it was written “ Subject to the approvals from the concerned authorities” , when I enquired about the said fact , they told me that this was a usual format of approval and they have all approvals, I had reminded Mrs. Nisha Karnale  for sending me necessary documents of the said project , but she did not provided it by saying that documents were confidential documents of the company therefore I had suspicion about the project and I waited for some time  

7.      I say that on 16/01/2017, I received a mail in my account i.e nitin.tiwari@aarav software.com from nisha@ruparel.in informing me to pay 10% amount of the 4 flats, I say that I called in the office of Ruparel Realty on 8291271683, the senior manager of Ruparel Realty Mr. C. R.M.  and Mrs. Aparne Shinde told me to that they have received the permissions to develop the project and that I have  to pay 20 % amount to them, I say that I told them to send me the copy of the permissions and only then I will pay 20 % consideration amount to them, but she refused to give me documents of permission through email and told me to see the same by coming to the office, I say that as it was clear that the opponents were not having clean hand , I told them to cancel my 3 flats and to  transfer the amount paid in 3 flats into the fourth flat and also asked them to send me the copies of the transaction as requested by me.

8.      I say that in the month of March, 2017, I received an email in which they have sent me the LOI And IOD and permission copy of rehab Building 2, I say that I went to my legal advisor with all the documents sent to me , after going through the documents, he informed me that the documents were about  permission of SRA rehab Building No. 2, I say that thereafter I called in the office of Ruparel realty at 9769692707   and I spoke to Mr. C.R.M and Mrs Gettanjali Sharma and informed them that they did not provide me any documents of permission of the project in which I have booked my 4 flats and also told them to cancel my booking and to refund my 4 lakhs Rs. , they told me that I will not get my consideration amount back and told me to do whatever I want to, I say that thereafter I called the sales manager of India Info Line Limited( Ruparel Realty Broker) namely jasmeet Kaur and I informed her about the cheating done to me, I say that she assured me that she will meet with the manager of Ruparel Realty and will refund back my booking amount., I say that after 15 days I again called Mrs. Jasmeet Kaur and she told me that she spoke to Mr. Milind ruparel and he informed her that I will not get my booking amount back .

9.      I say that I have booked 4 flats in a project of Ruparel Realty situated at K.D Compound, 90 Feet Road, New link road, Kandivali West, Mumbai in the name of My wife Reena Tiwari, My brother in law and my self , I have also paid the booking amount of the 4 flats i.e Rs. 4,00,000/- , I say that Mr. Milind Mahendra Ruparel having mob no. 9820286798 and his partner Mr. Amit Mahendra Ruparel having their office at Ruparel Irish, Level 1-2, agro Mark laboratory, Sonapati Bapat Marg, Matunga West, have cheated me.

10.I say that I had made complaint to Senior Inspector of Police, Kandivali Police Station , the said matter was investigated by the Police officer Mr. chandrakant pawar, I say that after taking my statement , the aid officer informed me that the matter was pertaining to civil nature.

11.I say that recently Hon’ble Bombay High Court has passed an order in Liberty Garden Co-op Housing Society Limited V/s K.T Group and Ors, whereby the Hon'ble High Court has observed that

“though senior inspector of police of Malad Police Station received a complaint from the petitioner society against the respondent _ KT Group , as far as on 23/09/2017, that the members of the society have been cheated by the developer , the Senior Inspector failed and neglected to take action in the matter, instead he has written a letter to the complainant society stating that their complaint is in the nature of a civil dispute.

        I have in the past repeatedly recorded in my orders that the complaints filed by the members of the public alleging that they have been cheated by the developer cannot be termed as disputes of a civil nature, yet the police officials in –charge of the police stations are not ready to assist the common man when they seek police assistance and intead show them the door by terming their complaints as being civil disputes. Despite the above observations in my orders , I find that there is no improvement in the approach / conduct of the senior Police officers, when the concerned officers are directed to remain present before the court and questioned as to what steps have been taken qua such complaints, they simply tender a mechanical apology. The senior inspector of police Malad police station now states that he shall forthwith look into the complaint and take necessary steps”

 

12.I say that I am also annexing the copy of the said order for your ready reference and kind perusal, I say that even my complaint was on the similar footing and I have clearly establish the way I have been cheated by the Developer but the officers of Kandivali Police station in the similar fashion termed it to be a Civil dispute

 I therefore request your good self to direct the officers of Kandivali Police station to register my FIR against the Ruparel Realty and to investigate the matter as per law.