Following a “cheating” complaint by a lawyer, the Borivali metropolitan magistrate court has summoned director and three employees of Oberoi Constructions on January 13.
Shaila Pathak of Goregaon has accused director Vikas Oberoi, Rochelle Chatterjee, Bhagwati Raghani and Dinesh Nigudkar of failing to execute an agreement.
In her complaint filed under section 13 of Maharashtra Ownership of Flat Act (MOFA) and IPC sections 420 (cheating ) and 406 (criminal breach of trust), the lawyer said she booked a flat in an Oberoi project in Andheri East and paid 30 per cent of the property cost (Rs 77,62,505) to the builder as per an agreement.
Pathak said the property was first sold to Chandrika Gupta, who paid 30 per cent of the decided price to the builder.
However, no agreement was made between Gupta and Oberoi.
Pathak claimed the first 30 per cent was handed over to Gupta and on payment of transfer fee, an allotment letter was executed in the name of the lawyer.
However, the builder allegedly avoided executing the agreement.
When the property was not handed over to Pathak, she moved the consumer forum.
The lawyer claimed the builder made a formal agreement after the consumer forum complaint, but the pact was in violation of section 13 of MOFA. She also alleged cheating and criminal breach of trust.
A spokesperson for Oberoi Constructions said, “The matter is pending before Bombay High Court. We vehemently deny the allegations. We are not aware of any complaint filed before the Borivali magistrate court.”