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Mumbai Consumer Commission Penalises Andheri Builder For Failing To Obtain Occupation Certificate For Goregaon Housing Project

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Mumbai, Jan 09: The Suburban Mumbai District Consumer Dispute Redressal Commission (DCDRC) has penalised an Andheri-based construction firm owned by developer Akram Ali Mohammad Hussain Qureshi for failing to obtain an Occupation Certificate (OC) for a Goregaon housing project, Akme Residency Co-operative Housing Society Ltd., despite handing over possession of the building to occupants nearly two decades ago.

Holding the developer guilty of deficiency in service, the commission directed him to not only obtain the long-pending Occupation Certificate but also reimburse the society for additional expenses incurred due to the absence of the OC.

The commission observed that the developer’s failure to secure the OC compelled the complainant society to bear extra financial burdens, including higher water charges and unpaid property taxes.

It noted that the society had successfully proved its claims, while the developer had merely denied the allegations without producing any evidence to disprove them.

Advocate D. Deshpande appeared on behalf of the complainant society.

In its order, the commission directed the developer to immediately obtain the Occupation Certificate for the society’s building. The developer was also ordered to execute a registered conveyance deed in favour of the complainant society, as mandated under law.

Additionally, the commission directed the developer to pay Rs 1,28,549 towards property taxes and Rs 1,61,700 towards excess water charges paid by the society to the Brihanmumbai Municipal Corporation (BMC).

The developer was further directed to hand over all relevant original documents pertaining to the land and building to the society and to provide proper accounts relating to maintenance charges collected earlier. An additional Rs 10,000 was awarded to the complainant society towards litigation costs.

According to the complaint, the land on which the building stands originally belonged to one Indirabai Vishnu Mhatre, who owned Mhatre Chawl No. 5, consisting of 15 tenements.

In August 2002, she entered into a development agreement granting development rights over the land to the developer, subject to the tenancy rights of the existing occupants.

The developer subsequently entered into permanent alternate accommodation agreements with the tenants, constructed the building, and handed over possession of flats to both old tenants and new purchasers around January 2006—without obtaining the mandatory Occupation Certificate. The commission noted that purchasers were allegedly coerced into signing possession letters despite the absence of the OC.

The society further alleged that although the developer was contractually bound to obtain the OC within 18 months, he failed to do so. While maintenance charges were collected till 2010, property taxes were not paid, leading the BMC to issue attachment notices in 2011–12. Consequently, society members were forced to clear outstanding dues and pay additional water charges due to the lack of an OC.

The society also contended that the developer failed to execute a conveyance deed in its favour, despite it being a statutory obligation under the Maharashtra Ownership Flats Act, 1963 (MOFA). After repeated notices went unanswered, the society finally decided to approach the consumer commission in 2013.

The developer, in his defence, denied all allegations, raised objections on limitation, and contended that the society was not a “consumer” under the law. He also claimed that possession was handed over at the insistence of purchasers.

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Mumbai Dandoshi Court dismisses Sameer Wankhede’s defamation case against Bads of Bollywood, Delhi High Court dismisses case

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Mumbai: IRS officer Sameer Wankhede has filed a defamation case against The Bads of Bollywood in the City Civil Court, Mumbai, Dandoshi. Wankhede had earlier filed a case in the Delhi High Court against The Bads of Bollywood, Netflix, Meetha and other agencies, which the court had dismissed saying that the matter was not within its jurisdiction, so Wankhede should file a case in Mumbai in this matter, after which the court has allowed Sameer Wankhede to file a defamation case in Mumbai. Today, Sameer Wankhede has officially filed a case against film actor Shah Rukh Khan’s company Red Chillies Entertainment and related social media platforms and has demanded damages. Earlier, Wankhede had demanded a compensation of Rs 2 crore and this compensation he is going to pay as a donation to the cancer hospital Tata Memorial Hospital.

Sameer Wankhede had arrested Shah Rukh Khan’s son Aryan Khan in the Cordelia Cruise drugs case, after which Wankhede has been his target. In Bollywood, Wankhede has been criticized. In Bads of Bollywood, Sameer Wankhede has been described as a clown officer and an actor has been presented as his likeness, in which this character has committed a crime due to Sameer Wankhede’s malice and prejudice. Not only that, he has desecrated the national emblem and phrase by pointing his finger and saying “Satyamev Jeete”. The court accepted the petition in this matter for hearing and ordered the parties concerned to be present to file their reply on February 12 and has also issued summons, due to which Shah Rukh Khan, Aryan Khan and Red Chillies Entertainment and other parties concerned have been shocked. In the petition, Wankhede has demanded compensation along with the removal and deletion of the controversial parts of the film.

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Crime

Mumbai: Court Relies On Dying Declaration, Acquits Husband And Other Relatives In 2018 Dowry-Linked Murder Case

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Mumbai: The sessions court has convicted two brothers for setting their sister-in-law ablaze while she was sleeping in Shivaji Nagar in March 2018. The two, Tejim Shaikh and Kafil Shaikh, were found guilty based on the victim, Farida Shaikh’s dying declaration and sentenced to life imprisonment.

According to the prosecution, the accused were residing with Farida and her husband Aftab Shaikh in Rafiq Nagar, Shivaji Nagar, due to work-related reasons. It was alleged that Farida was under physical and mental pressure following the death of her three-month-old daughter and was subjected to harassment over an insufficient dowry.

As per the case registered with the Shivaji Nagar police, a quarrel broke out on March 6, 2018, after Farida allegedly refused to allow Aftab to join his brothers. Later that night, around 2am, Farida felt kerosene being poured over her. She stated that Tejim was pouring the kerosene while Kafil stood nearby, and that Kafil then set her on fire with a matchbox.

Aftab later tried to extinguish the flames and rushed her to Rajwadi Hospital. Farida suffered burn injuries over about 92-95% of her body. Her statement was recorded by police during treatment, followed by a formal dying declaration before a Naib Tahsildar. She succumbed to her injuries on March 11, 2018, after which the accused were booked for murder and dowry harassment.

The defence argued that Farida had committed suicide by pouring kerosene on herself and challenged the dying declaration. However, the court rejected the claim and relied on her statement.

The court did not accept allegations of cruelty against the other family members, noting that they were vague and lacked specific details. It also acquitted Aftab, observing that Farida had not accused her husband of any role in the incident and had instead stated that he attempted to save her after she was set on fire.

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Crime

Maharashtra Shocker: Man Arrested For Killing 6-Year-Old Daughter To Meet Two-Child Norm For Panchayat Polls

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Hyderabad: A man from Maharashtra killed one of his three children to overcome the two-child norm to contest the upcoming Panchayat elections in that state.

Pandurang Kondmangale, a resident of Kerur village in Mukhed taluka of Maharashtra’s Nanded district, pushed her six-year-old daughter into a canal in Telangana’s Nizamabad district.

Nizamabad Police on Monday announced the arrest of Pandurang (28) and village sarpanch Ganesh Ramachandra Shinde.

Nizamabad Police Commissioner P. Sai Chaitanya told media persons that the body of a girl was found in the Nizam Sagar canal in Yedapally a few days ago. The investigation led to her identification as Prachi (6), a resident of Kerur village in neighbouring Nanded district of Maharashtra.

Police picked up her father for questioning. He tried to mislead the police by stating that she was undergoing treatment at a health centre. When grilled by the investigating officer, he confessed to killing the child.

What he revealed during the questioning was shocking for everyone. Pandurang, who runs a barber shop in his village, was keen to contest the upcoming Panchayat elections. As he had a three-year-old boy and twin girls aged six, he was ineligible to contest in view of the two-child norm for candidates contesting local body polls in Maharashtra.

He consulted his friend and current sarpanch of the village, Ganesh Shinde how to overcome the norm. They conspired to get rid of one of his children, Prachi, the elder of the twins.

According to police, they initially considered putting Prachi up for adoption. But that would not have served the purpose because she would still be registered as his child in the birth certificate.

Pandurang also thought of abandoning the child, but was worried about the consequences in the event of her return. They then conspired to kill the child and make it seem like an accident.

As Nizamabad district is only a few kilometres away from his village, Pandurang took Prachi on a motorcycle to the Nizam Sagar canal. He pushed her into the canal and fled. Some villagers who were working in the field nearby heard something plunge into the water and rushed there to find the girl’s lifeless body floating in the canal. They alerted the police, which launched an investigation.

The girl’s pictures were circulated widely on social media. Someone from the Maharashtra village identified Prachi when they saw her photo as the display picture on the WhatsApp number of one of the police personnel.

A police team reached the village and began an investigation, which led to the arrest of Pandurang and the sarpanch.

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