Pune: Hinjawadi Builder Xrbia Faces Legal Heat Over Plot Scam

Hinjawadi: Eiffel Xrbia, a well-known builder, and three others have been booked by the Hinjawadi police station (Pimpri Chinchwad Police) for cheating a customer by selling a plot at Mugawade in Mulshi with the help of false documents. This has happened since 2010.

A case has been registered against builder Rahul Rasiklal Nahar, company manager Sai Kerkar another unidentified person. In this case, Sabir Nazir Ahmed Shaikh, a customer residing at Koregaon Park, had filed a fraud complaint at the police station. Accordingly, the Hinjawadi Police have registered an FIR for offences under Sections 406 (breach of trust), 420 (cheating), 467 (misleading), 468 (forging a document or electronic record with intent to deceive), 471 (impersonation) and 34 (common intention) of the Indian Penal Code (IPC).

According to the complaint filed by the complainant Shaikh, he saw the advertisement in a newspaper regarding the Olympia plotting scheme in Mugawade village of Mulshi taluka from Rahul Nahar, owner of Xrbia Developers Limited (Formerly- Eiffel Developers and Realtors Limited). After that, he went and visited the site. At that time, Sunil Oza, Chetan Thakkar, and Shailesh Dave of the marketing and sales team of the scheme informed the complainant about the scheme. After this, when the complainant met Nahar, he said that the scheme was legitimate.

Believing the sales team and Nahar, the complainant decided to purchase a plot of 7635 square feet. After this, the Agreement to sell this plot from Yogesh Narayan Nikam as Power of Attorney (POA) holder of Rahul Nahar, owner of Xrbia Developers was purchased on 30/07/2010 at registration office Mulshi No.2, Hinjewadi, and in return Rs.26,52,300 was paid to Rahul Nahar by the complainant from time to time in the form of cash and cheque. But he refused to make the sale deed.

When the complainant asked Nahar repeatedly again why he did not make the sale deed. He said that as per the rules of the company, we first make an agreement to sell and then make the sale deed. According to this agreement, Nahar did not hand over the possession of the concerned plot, it is said in the complaint.

The complainant was abroad on business during the period 2011 to 2017. After he returned from abroad, he requested Nahar for a sale deed as per the Agreement to Sell, but Nahar repeatedly refused to do so. But due to the strong insistence of Shaikh. On 01/09/2021 the sale deed was registered registration office Mulshi No.2, Hinjewadi by Nahar’s authorized signatory Kishore Pandurang Hindgaonkar by his power of attorney (POA) holder Ajinkya Pramod Palange of the land mentioned in the sale deed.

When the complainant applied for 7/12 registration in the Tehsildar office in Mulshi as per the purchase deed, this office rejected the registration as the amount required for the approval of the government was not paid. After this, the complainant checked the Agreement to Sale dated 30/07/2010 and annexed to it 7/12, Fer-Far, Approved layout, these documents and sale deed dated 01/09/2021 and attached documents vide 7/12, sanctioned map, NA order, etc. On verifying the Agreement to Sale documents, the plot sold was no. 36 and plot no. 36 (N 1) was found to be in the sale deed. When he further inquired about it to Nahar and company manager Sai Kerkar, they gave false information that both the plots were the same.

Thereafter, the plot purchased by the complainant was to be sold to a lady for Rs 1 crore 50 lakh as per the current market price. Therefore, when the woman gave these income documents to Bank ICICI Home Finance in Shivajinagar for loan approval, the bank said that they could not approve the loan on this plot. As non-agricultural use permission has been attached in respect of the plot it is found that it is for commercial use and no permission has been taken for residential use. As a result, they could not sell the property to the lady, hence they have suffered an irreparable financial loss, the complaint said.

Also, the layout attached to this purchase document was found to be fake. Also, plot no. 36 and 36 (N1) are different, mismatched and the said Xrbia Developers Ltd. Rahul Nahar, Sunil Oza, Chetan Thakkar, Shailesh Dave, and Sai Kerkar conspired to systematically lie and mislead the complainant and hence the complaint was filed, states the FIR.

Note: This report will be updated after getting the version of Nahar and others.