Reopen case against Supertech, court tells police

Dismisses report submitted in complaint against builder in Greater Noida project

October 03, 2017 02:12 am | Updated 02:12 am IST - Noida

A district court has pulled up the Noida Police and asked them to reopen a case against the chairman of real estate giant Supertech Limited for allegedly constructing extra number of flats against the map passed by the Greater Noida Authority in one of its projects.

‘Unsatisfactory reports’

The Additional Sessions Judge has dismissed the final report submitted by the Gautam Budh Nagar police which probed the complaints against Supertech Limited chairman R.K. Arora, who was then serving as the managing director of the company, for constructing 1,914 flats instead of 850 units sanctioned by the Authority in Supertech Czar project in Omicron I, Greater Noida.

“The police have not been able to justify the case and have not submitted satisfactory reports against Arora. We order the Crime Branch to probe into the matter and take the case forward,” read the order.

“When the Greater Noida Authority sanctioned the project for 850 flats with 175 floor area ratio, how can the builder construct 1,914 flats and use the green area for construction,” the judge asked.

The complaint against the realty major was filed by a homebuyer, Arvind Kumar Singh, in 2014. Based on his allegations, the magisterial court had on September 25, 2014, summoned Mr. Arora to face trial for offences under Sections 420 (cheating), 467 (forgery of valuable security, will, etc), 468 (forgery for the purpose of cheating), 471 (using as genuine a forged 1 [document or electronic record]), 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of the Indian Penal Code.

Full payment

According to the complaint, Mr. Singh had booked a flat in Supertech’s Czar project in 2009 and was supposed to get its possession in 2011. He said he had made the full payment for the flat by 2010.

“The flat’s possession was delayed and in 2014 the builder sent me the offer of possession via e-mail. I asked them for a proper occupancy certificate, but they told me that they only offer the possession of the flat. I approached the Greater Noida Authority and asked them about the plan and certification,” said Mr. Singh.

He then cross-checked the details of the project and realised that the builder had constructed more flats than the sanctioned plan.

Project map

He wrote an application to the Greater Noida Authority to recheck the project map and filed a plea in the district court against the builder.

The court accepted the contention of the complainant and said: “Considering their (Supertech’s) acts in the commission of offence in the case, the trial court has rightly summoned them for facing trial.”

Several homebuyers who have invested in Supertech’s project in Noida have filed complaints against Mr. Arora for allegedly cheating them.

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