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Builders Cannot Dupe People Anymore: Gujarat High Court



Gujarat High Court

On Wednesday, the Gujarat HC announced that it was high time to stop the builders from duping the masses by taking their money and not giving possession of houses on time.

Justice J B Pardiwala denied anticipatory bail to an owner of Vishwanath Procon Pvt Ltd, Sunny Sharma, who accepted Rs 6 lakh from a customer but did not give possession of the flat for five years. He said the court has noticed at least one such case coming up daily before the high court. He added that such instances should immediately be stopped and builders should not be allowed to get away with it. He concluded by saying that customers should not feel that they are alone, the court is with them.

As per the case, Dashrath Tiwari a retired bank employee had paid Rs. 6 lakh to Sharma’s firm in 2012 towards an agreement of sale for a flat in Geratpur area. The builder committed possession of the flat by next year. According to the terms, Dashrath Tiwari had to further pay Rs. 2 lakh but he did not pay that since the project was still under construction for years.

Tiwari, tired with the builder’s attitude, issued a legal notice to the builder asking for the refund of the money or possession of the flat. Sharma refused to budge, and Tiwari lodged an FIR with Navrangpura police accusing the builder and his firm of cheating.

The high court asked Sharma to return the money, but he submitted that it was unacceptable to him and rather he would give possession to Tiwari once he paid him the remaining Rs 2 lakh. On this Tiwari’s advocate, Nishith Thakkar said he was not entitled to pre-arrest bail.


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