[Resolved]  Vision heights — Complaint for Cheating and fraudulent Against Builder.

Address: Mumbai Suburban, Maharashtra

To,
Sr. Inspector,
Mumbai.

Name : Akram Shaikh
Address : A/2, Dhake Amboli Police
Bhardawadi Lane, Near Amboli,
Andheri (W), Mumbai 400058
Mobile. [protected]

Subject : Complain for Cheating and fraudulent Against Builder.

I write to you to get this complain to your notice. In the year Dec’2007 my sister Anisa Shaikh was
approached by the estate agent Aslam Malkani at his office Option Real Estate at Abba Apt,
Ground floor, S.V. Road Jogeshwari (W) regarding investment in then half completed construction
Real estate project Esteem Classic located at Amrut Nagar Plot no. 23 Jogeshwari (W). The builder for this project is the agent’s own father in law Hasham Malkani living at 7, Villa Classic, Bandivali Hill
rd, Jogeshwari (W). Agent Aslam Malkani persuaded us to invest in the said property and
confidently claimed that the construction work for this project will resume within 15 days.
Aslam Malkani offered Anisa Shaikh to invest in the said property at the lucrative rate of 3000 per
sq feet. The investment being a good opportunity to procure a property for living was considered by me (Akram Shaikh) and my brother Afzal Shaikh as well. We were persuaded and promised that the construction work would resume as soon as possible. As a security the agent said that the builder has promised should the construction work does not start in reasonable time i.e. maximum of a months then the builder would buy back the investment with a return of 4000 per Sq feet. Considering the opportunity Myself Akram Shaikh, my brother Afzal Shaikh and my sister Anisa Shaikh each registered our interest for 1 bedroom (600 Sq Feet), 1 bedroom (600 Sq Feet) and 2 bedroom flat(1000 Sq Feet) respectively in the month Dec’2007. Each o[censored]s invested with the hope that the construction work would start within a month maximum. We received a document containing the detail of the property and agreement for each of those flat. The copies of that document are attached for your reference.

After a month construction work at the site did not resumed and this made us worried and concerned. We approached the builder Hasham Malkani about its delay in resumption date and he convinced us due to administrative reasons it will take some more time. Unfortunately approx for 6 months there was no construction work on that site at all. Currently there are resident living in the part constructed
site. We spoke to currently living members there and found out from them that they are already in serious dispute with the Builder Hasam
Malkani. Further more they said that the Builder has sold 1 flat to more than 1 person and handed
them eash drafted agreement paper work. We realized that we have been cheated and found out this
is the case of fraud. After finding this in Sept, 2008 we decided that we no longer want to continue
with this investment and that the builder should buy back this investment as promised with a return
of profit at the rate of 4000 per sqft. The builder Hasham Malkani tried to convince us that he is
trying to sort out all outstanding issues and will try to resume his construction work as soon as

possible but we had lost all faith in his promises regarding the resumption of construction work
and we persisted in our decision to buy back our investment. Given that we already gave him 1
year to return us our fund we told him that if he did not return us our fund then we would file a
fraud case against him in the local police station. He said if we give him more time he would buy back
our investment with the return of increased profit at the rate 4500 per sq feet up from Rs 4000 Per Sq
Feet. We decided to cooperate and agree with him.

After a month we reminded him about for the return of the fund and he repeated his request to
give him some more time. To proof his sincerely he issued 3 signed cheques with his construction
company stamp on it which included the principle and profit amount due to each o[censored]s with total
repayment amount of


Cheque 1) Rs 16.5 Lac in the name Akram Shaikh
Cheque 2) Rs 24 Lac in the name Afzal Shaikh
Cheque 3) Rs 34 lac in the name Anisa Shaikh

respectively in the month of Dec 2008. We enquired his bank (Samata Sahakari Bank ltd. Oshiwara) if he had enough amounts in his account and the banker replied that the cheque will be dishonoured since he didn’t have amount in his bank account this was the second time we were cheated. It has been 5 year now we are chasing him for the return of our fund and he has managed to return us the following amount so far.

52 Lacs in several parts since 5 yrs out this 26 lacs is since pending since 1 yrs. Point here is that we booked 3 flats of 2BHK and 1BHK X2 now we cannot buy even single flat with that money. Builder has started new big project as Vision Heights of several Phase of 24 storeyed each 2 yrs back. And he is not ready to give a single flat from that. As he want money as per current rate. Every time bulder seems buying new luxury car family goes for International trip
Etc. But he doesn’t give our balance money.

All these 5 year we are living in rental flat paying our own rent. Property price since then has shoot to 3 times which mean we are out of reach for buying a similar property by miles.

Even today I keep visiting the builder and he just keeps promising. He acknowledges these dues on him and has also signed an acceptance letter for the same in the local police station in <Month> <Year> but nothing comes out of him except promises. I keep feeling helpless and dejected.

Builders Name/Address is
Hasam malkani’s office address is
Vision Heights, Malkani Estate,
Behind Malkani Towers Bandivali hill rd,
Jogeshwari.(W) Mum 400102

Hasam malkani :-Mobile:- [protected] / Home:[protected] / Office:[protected].
Mustaq malkani (hasam’s Son) :- Mobile:-[protected]
Ashfaq malkani (hasam’s Son) :- Mobile:-[protected] / [protected]


I can list the whole dues in details if needed; I look forward to do the needful. I raised this complain at our local police station DN NAGAR in June-2012 with website Complaint no #28535 when AIP Desai was in charge. Current AIP in charge is Sawant. I would have never thought of writing this to you few years ago only that I have started feeling confident in our Justice System and I am sincerely expecting and looking forward for justice.


Akram Shaikh
[protected]