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Fresh FIR against Marvel directors

Jhavar, Laddha booked under different sections of IPC, MOFA for failing to refund cancelled booking at Marvel Cascada in Balewadi; police officers acted on orders of JMFC

Failing to heed orders issued by means of the Maharashtra Real Estate Regulatory Authority (MahaRERA), the director and leader government officer (CEO) of Marvel Sigma Homes Pvt Ltd now has a contemporary first knowledge document (FIR) registered in opposition to him at Chaturshringi police station (PS). For this to occur, complainant Mohit Pandharipande had to move the Judicial Magistrate-First Class (JMFC), as police officers reportedly refused to sign up the case regardless of a number of makes an attempt.

On Monday, Vishwajeet Jhavar and Mahesh Laddha, directors of Marvel Sigma, had been booked under sections 420 (dishonest), 406 (criminal breach of believe), 409 (criminal breach of believe by means of a public servant, banker, merchant or agent) and 34 (commonplace aim) of the Indian Penal Code (IPC), as well as relevant sections of the Maharashtra Ownership Flats Act (MOFA), 1963.

In 2015, Mohit and Mohini Pandharipande invested Rs 2.28 crore to shop for an rental (priced at Rs 2.89 crore) at Balewadi’s Marvel Cascada, copromoted by means of Marvel Sigma and Runal Developers. The belongings was to be delivered the similar year. When this didn't occur, the complainant initiated a cancellation, however even supposing the builders approved it, they made no move towards a reimbursement.

A criminal realize was served to the builders in March 2017. When this additionally didn't elicit a reaction, Pandharipande approached MahaRERA in September that year. In February 2018, MahaRERA ordered the builders to refund all of the quantity paid by means of the patron with an interest of 10.05 consistent with cent consistent with annum, but even so a Rs 20,000 compensation. But most effective Runal Developers complied and paid out its a part of Rs 1.11 crore. Nothing was drawing close from Marvel Sigma, which had to cough up the remaining Rs 1.79 crore, forcing Pandharipande to move the RERA tribunal again. However, Marvel persisted to ignore the RERA tribunal’s order, too, asking the company pay up.

Meanwhile, Marvel Sigma CEO Jhavar was arrested in January 2019 and released on bail that very same month. Pandharipande decided to report a contemporary police grievance, however regardless of repeated tries, could not coax police officers to just accept his plaint, pushing him to move the JMFC.

In their plea, the Pandharipandes said that the accused, with out the knowledge or consent of shoppers of the challenge, mortgaged land the place Marvel Cascada was being evolved and bought a loan of Rs 21 crore from a finance corporate. Claiming that the developer dedicated more than one offences, they pleaded for the courtroom to move an order under segment 156(three) of the Code of Criminal Procedure, and direct the officer-in-charge at Chaturshringi PS to sign up and investigate a case. On May 7, JMFC Janhavi Kelkar, handed an order asking police officers to sign up the FIR and publish a document within a month.

Speaking to Mirror, Mohit recounted, “We’ve been seeking to sign up a police grievance for 5 - 6 months. I even met the commissioner of police, different deputy CPs, Economic Offences Wing officers and police officers at Chaturshringi PS. Despite 20 makes an attempt, they refused to cooperate pronouncing we already had a MahaRERA order in our favour, leaving us no choice however to move courtroom. While we did seek a civil remedy previous, we've additionally been searching for criminal court cases.”

His recommend Karan Parmar added, “On February 26, 2018, RERA Mumbai handed an order directing the promoters of Marvel Cascada to refund all of the cash paid by means of my shopper, with interest. However, Marvel didn't comply till date and saved making false guarantees. My shopper was fearful that the cash paid for the flat had been siphoned off or misused for personal good points, because of which the Marvel directors were not falling in keeping with the order. He approached police officers, however they had been under the misconception that MOFA was not appropriate to the case. So, he sought the JMFC’s intervention. A thorough investigation must be performed, to see the place the cash has gone and if there is a larger monetary fraud at play.”

Police inspector (crime) Vaishali Galande of Chaturshringi PS confirmed, “We won the orders from the courtroom and have filed a case of dishonest and under MOFA in opposition to the accused. We will probe it.”

Responding to the order, Jhavar said, “Marvel has taken vital choices within the interest of shoppers in the last few months, by means of appointing construction managers and delivering projects to our partner developers. Lenders and landowners are supporting us to finish projects and give up apartments to purchasers. Marvel Cascada was a three way partnership (JV) construction, the place 80 consistent with cent of the possessions have already been given. We have taken reinforce from our JV partner on this challenge to expedite paintings and give up the remaining apartments. Though this is an unlucky standalone incident stuck within the transition segment, we guarantee you that it will not have an effect on any more course of action and paintings progress at Marvel Cascada or different Marvel projects, as each and every is funded by means of different lenders and JV partners. We are hopeful that we can get to the bottom of this subject as smartly.”

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