The Mulund Police have registered an FIR against Everlasting & Company and its directors, Sanjay Jain and Sanjay Shah, for allegedly cheating a senior citizen of Rs 2.89 lakh. The company allegedly neither handed over possession of a flat booked in 1993 nor returned the amount paid.
According to the FIR, the complainant, Abdeali Baki Husain Arvivala, 57, a resident of Kalyan and manager at Cosmos Lifters in Mulund West, filed the case on behalf of 75-year-old Bano Shafaqat Shafiq. Due to Bano's poor health and inability to attend court proceedings, she granted Arvivala power of attorney on January 8, 2025.
Flat booking and payment details
The case dates back to January 11, 1993, when Bano’s late mother, Fatima Mohammad Hussain Ginwala, and her son-in-law Shafaqat Kurbaan Hussain Shafiq, 84, booked Flat No. 1202 on the 12th floor of Sky Rocket Greenwood Complex on Ghodbunder Road, Thane. A payment of Rs 2.89 lakh was made via a Development Credit Bank demand draft in the name of Everlasting & Company.
However, the project was eventually abandoned, with the builder neither completing construction nor refunding the money.
Legal notices ignored for years
Bano Shafaqat sent the first legal notice to the company on April 9, 2012, followed by a second notice after receiving no response. Fatima Ginwala passed away on August 15, 2015. Despite repeated follow-ups, the company failed to resolve the issue.
Finally, through their advocate Pratibha Kadam, Bano Shafaqat and Shafaqat Shafiq served a final legal notice on April 15, 2024, demanding either possession of the flat or a refund. The notice went unanswered.
Police action and ongoing investigation
The matter was escalated to the 27th Court in Mulund West, and based on Arvivala’s complaint, the Mulund police registered a case under relevant sections of the Bharatiya Nyaya Sanhita (BNS). Further investigation is underway.
