City police attaches Rs. 40 crore property of Jham builders

Property Cell of Nagpur City Police on Monday seized property of Jham Builders & Developers worth Rs 40 crore for delay in handing over possession of flats booked at its 30 acre township -- Kanhaiya City -- in Mouza Waghdhara, Hingna, area. The land where the builder had floated the scheme with under construction buildings have been attached by cops. 

An offence against Hemant Sikandar Jham, Proprietor of Jham Builders and Developers, was registered at Sonegaon Police Station on October 19, 2015 under Sections 420, 406, 409, 34 of Indian Penal Code and Sections 3, 4, 8, 13, 14 of Maharashtra Ownership Flat Act 1963 after the builder delayed giving possession of flats and row houses in Kanhaiya City. 

The builder had floated the scheme, Kanhaiya city on 30 acre land in year 2010. About 418 middle class families made bookings in the scheme and the builder entered into agreement to sale, promising possession of properties within 18 months. Investors realised they were duped as visit to site revealed that construction is still in nascent stage even after passage of seven years. Meetings with Jham failed to change ground situation and he continued to revise possession deadlines. Sometimes later, Jham refused to meet the investors who then lodged a complaint. Despite of registration of an offence, the builder did not mend his ways, as he thought no one could dare to take action against him.

In May 2017 after investigation was transferred to Economic Offence Wing (EoW) of City Police, things moved fast. DCP (EoW) Shweta Khedkar asked PI Vazeer Sheikh to record statements of all investors. After recording statements, police decided line of action and called the accused builder to Property Cell. After facing police interrogation, Jham assured to return the money and gave back Rs 26 lakh to 25 customers. 

But sensing delaying tactics on part of Jham, police attacked property of Jham under Section 102 of Code of Criminal Procedure (CrPC). The police also submitted details of its action to court, which sealed the fate of Jham.  DCP Khedkar informed that cops do not want to be taken by surprise in case the builder goes back on his promise and hence the property has been seized so that all investors get full refund.

The seizure of under construction buildings and attachment of land is a major blow to Jham and it's a sign to builders of Nagpur who may have defaulted on agreements entered into with buyers. The action, a first of its kind is bound to rattle the builders lobby, and at same time raises hope among property buyers that everything is not over. 

A similar action like Jham could befell other builders who may have willfully not honoured their promises made to buyers at time of booking. In fact, crackdown on Jham could open floodgates and buyers who may have been taken for a ride could make a beeline to Property Cell constituted by Commissioner of Police Dr K Venkatesham to dole out justice to helpless citizens. City police have shown that law has enough provision to check on such errant developers and builders who show scant regard to even agreements entered into by them.