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Mumbai cops refuse to file FIR against builder: Lawyer

Builder Uday Surve has allegedly cheated over 2,000 homebuyers and investors to the tune of Rs 150 crore under the pretext of redeveloping buildings built by the Maharashtra Housing and Area Development Authority (MHADA).

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A Sion-based lawyer, allegedly the victim of fraud builder, says his woes have been worsened by Mumbai police’s reluctance to register an FIR against the builder. Builder Uday Surve has allegedly cheated over 2,000 homebuyers and investors to the tune of Rs 150 crore under the pretext of redeveloping buildings built by the Maharashtra Housing and Area Development Authority (MHADA). Advocate Deepak Thakur, a resident of Sion, is one of the victims.

He has been trying to register a case against Surve, Managing Director of Shubh Enterprises for duping his father Prem Kumar Thakur of Rs 22 lakh since 2015 when he realised that he was cheated. Prem Kumar is a retired Army office, and was promised a flat in Surve’s Shiv Shakti project at Kurar village, Malad. 

“We paid for the flat in 2012 and were promised possession in 2014,” says 34-year-old Deepak. “We were repeatedly given false assurances of possession, and when we asked for a refund in 2015, he refused.” Deepak said that when he approached Kasturba Marg police to register the complaint, they refused to file an FIR, saying it was a civil matter.

“This is despite me telling them that its a criminal case,” says Deepak.

Dr. Vinay Rathod, Deputy Commissioner of Police, Zone 12, said, “I am unaware of such an incident. I will enquire about it with the subordinates.”

According to the Economic Offences Wing, Surve has been booked in 16 criminal cases across the city.

The case against Surve has been probed by the Maharashtra Protection Of Interest Of Depositors and Housing Units of EOW.

Surve faces charges of cheating and forgery under the Indian Penal Code and the Maharashtra Ownership of Flats Act (MOFA), 1963. Surve and two other accused ran Shubh Enterprises and had undertaken several projects to redevelop a housing society at DN Nagar. The trio sold the same flats to multiple buyers. Surve is behind the bars in Mumbai’s Arthur road jail.

“Surve and his accomplices sold the sale components of redevelopment projects without procuring the requisite permission, and in some projects, constructed up to 10 storeys without procuring Commencement certificate (CC) and Intimation Of Disapproval (IOD) from the concerned authorities,” said a senior EOW officer. “We have attached the assets of the accused and both investors and flat buyers have filed the complaints and we are on the verge of recovering the money from the accused.”

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