Flat buyer accuses builder, businessman of ₹6.25 lakh mortgage fraud in Anandnagar

An Ahmedabad-based trader has lodged a complaint with Anandnagar police alleging that he was cheated of his flat in Stavan Avisa residential scheme after it was found that the property had been mortgaged to a finance company for a loan of ₹6.25 crore, without the knowledge of subsequent occupants.

The FIR names Mihir Pravin Chandra Desai, his wife Toralben, and directors of Sambhav Infrastructure Pvt Ltd, accusing them of duping flat buyers by suppressing details of the mortgage.

The complaint by Manojbhai Ramanbhai Nair, a resident of Flat No C/1002 at Stavan Avisa in Jodhpur village, Anandnagar, states that he and his family have been living in the flat since 2016. The flat was originally purchased by Mohanbhai Makwana in 2011 and later transferred to Nair’s family.

However, in 2017, the family received a notice from Shri Ram City Union Finance Ltd, stating that Flat C/1002 had been mortgaged by Mihir Desai for a loan of ₹62.5 lakh (not repaid). Investigations revealed that Desai had executed a sale deed in favour of Makwana without disclosing the mortgage liability.

Following Makwana’s death during the Covid-19 pandemic, the property was transferred to his son Vijaybhai Makwana, who later authorised Nair to take legal action through a general power of attorney.

The FIR alleges that Desai, in connivance with Sambhav Infrastructure, had fraudulently created a sale deed with a false cheque entry of ₹42 lakh to mislead buyers. The complainant stated that the encumbrance was concealed, resulting in prolonged harassment and threat of recovery action under SARFAESI Act by the finance company.

Police have booked Desai, his wife, and directors of Sambhav Infrastructure under charges of cheating, forgery, and criminal conspiracy and have started an investigation.

A police official said, “The accused mortgaged the property for a loan without disclosing it to the buyers, thereby causing financial loss and distress. The matter involves both civil and criminal elements and is under detailed probe.”