Shivalik Homes developer booked for selling the flat twice in Noida, FIR lodged

Shivalik Homes’, Noida developer has been booked for fraud for allegedly selling the same flat to different persons. The residents named Poonam and her mother Rekha had purchased the flat in Shivalik Homes in 2019 for Rs. 35 lakhs. The FIR was lodged following an order from the Allahabad high court against the developer under section 420 of cheating, 406 for criminal breach of trust, section 468 of committing forgery and other relevant provisions of the Indian Penal Code (IPC). 

Buyer, Poonam had moved the situation to the court alleging that the builder had sold the same flats to different persons. 

The flat was purchased by Poonam and her mother for 35 lakhs and no dues certificate from the society was also given. “Once we started living, PNB Housing sent us a notice that the flat we had bought was also registered in the name of Jagdish Joshi in 2016. Joshi had taken a loan from the bank and had stopped paying his instalments.”

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“The police dilly-dallied on registering an FIR against the developer,” Poonam said when they went to file the complaint against the developer. 

“A few days later, the bank told us that we have to vacate the flat because it was yet to receive the instalments for long. We were worried because the cops were also not cooperating with us.”

Poonam took the case to Allahabad high court and filed a petition against the builder. Following the court order, FIR was lodged at Surajpur police station on January 27. 

Surjapur police officers said that they have started the investigation and action would be initiated against the builder. 

Another resident told that almost everyone from the society has cleared their payments and is paying EMIs to the builder. 

“Many of us fear that the builder might have done the same thing to others as well since the registrees of our flats are due. So we have written to the developer, seeking an undertaking to the respective owners that the flats had been sold to them and not to anybody else,” Rupesh added.

The flat owners have come to the decision to stop paying maintenance fees from February 1 if the builder doesn’t issue the undertaking by then. The developer's officer did not return calls seeking comment on the FIR.