Five booked for forging documents to sell parking area as offices in Mumbai housing society

Dindoshi police have booked five people including developer Deepak Shah and officials of Khush Housing Finance Pvt Ltd KHFL for alleged fraud forgery and cheating The group is accused of using allegedly forged documents to portray a 3135 sq ft common parking area at Atharva Landmark CHS in Malad East as commercial office unitsFake mortgageThe podium area currently used for parking at the society has been wrongly shown as office units and mortgaged by the developer of Atharva Landmark PicsNimesh DaveResidents who purchased flats between 2011 and 2021 along with parking spaces located in the basement ground first and second podium levels later discovered that the developer had allegedly mortgaged the societyrsquos secondpodium parking space to KHFL as security for a loan KHFL then initiated possession proceedings under the SARFAESI Act for three alleged ldquooffice unitsrdquo No 201 202 and 203 which the society claims do not exist without serving notice to residentsMassive discrepanciesThe society alleged that documents obtained from the SubRegistrarrsquos office differed from those submitted before the court It claimed the following discrepanciesgtgt Different mortgage datesgtgt Blank spaces allegedly filled latergtgt Missing stampsgtgt Handwritten insertionsgtgt Altered property descriptionsgtgt Inconsistencies in property schedulesgtgt Allegedly forged signaturesgtgt Dates allegedly manipulated to show the mortgage was executed before the loan was disbursedgtgt References to 23rd and 24th floors though society claims BMC sanctioned only up to the 22nd floorPolice probeKailashnath D Yadav left secretary and Jagdish Rajpopat chairman Atharva LandmarkAn FIR was registered under BNS against Amit Magia Kiran Magia Kalpesh Dedia Harshita Kanojia and developer Deepak Shah ldquoThe probe is underway to verify documents examine mortgage of disputed property and establish role of finance company officials and the developerrdquo a police officer saidSociety claimldquoAccording to sanctioned plans the second podium is only for parking We were shocked to learn the finance company claimed this area as office units and mortgaged it to sanction a loan to the developerWe were never served any notice under SARFAESI Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest yet possession proceedings were initiated creating fear among residentsrdquo said Kailashnath D Yadav secretary Atharva Landmark CHSLAdvocates Jay Rajpopat and Akshit Kothari representing the flat owners in The Debt Recovery Appellate Tribunal recorded a prima facie finding in favour of the flat ownersSarfaesi ActIndian law empowers banks and financial institutions to recover nonperforming assets NPAs without court intervention by seizing and auctioning the secured assets of defaulting borrowersKHFL respondsldquoWe are yet to receive and examine the complaint in detail However from what we understand it has been filed by the housing society and certain alleged flat purchasers with whom KHFL has no financial or contractual relationship KHFL had extended a loan to the developer who mortgaged the flats offices and project cash flows to us as disclosed on RERA Following the developerrsquos default we initiated proceedings under the SARFAESI Act after following the due legal process The matter is currently pending before the Debt Recovery Tribunal and the Bombay High Court The allegations of forgery against KHFL are completely baseless and without merit It appears that both the society and KHFL have been deceived by the developer We believe the complaint has been filed only to obstruct our lawful recovery proceedings and pressure us from recovering our legitimate duesrdquo