The Supreme Court of India granted the Central Bureau of Investigation (CBI) permission to register six additional cases related to the alarming builder-bank fraud that has affected homebuyers in Mumbai, Bengaluru, Kolkata, Mohali, and Prayagraj. This significant decision came on Tuesday, as the court responded to ongoing issues faced by thousands of homebuyers deceived by real estate developers.
The bench, comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh, expressed concern over the continuing plight of homebuyers. “The preliminary inquiries indicate a clear cognisable offence, and we are allowing the CBI to proceed,” stated Justice Surya Kant.
Additional Solicitor General Aishwarya Bhati informed the court that the CBI had completed preliminary inquiries into several projects, barring those associated with Supertech Ltd, which operates outside the National Capital Region (NCR).
The court’s decision follows a similar ruling on July 22, which allowed the CBI to probe 22 cases in the NCR, where homebuyers had also faced fraudulent practices. These earlier cases involved accusations against builders and banks colluding to defraud homebuyers.
Under the controversial subvention scheme, banks directly release funds to builders, expecting them to cover the EMIs until possession is transferred to homebuyers. Unfortunately, many builders defaulted on these payments, leaving homebuyers in a lurch as banks shifted the financial burden onto them.
As the investigation on the seven preliminary inquiries continues, homebuyers raise voices against their plight. They claim that despite no possession of flats, they have been forced to pay EMIs, violating the terms of their agreements.
The Supreme Court has received petitions from over 1,200 homebuyers who feel aggrieved by this system. Prominent real estate companies, including Supertech Ltd, are under scrutiny as they handle multiple projects in major cities. On March 29, the court already allowed the CBI to initiate five preliminary inquiries across critical regions including Noida and Ghaziabad.
Evidence suggests a complicated web of collusion among banks, real estate developers, and local authorities. The court cited a prima facie nexus between highly regarded banks and builders in various cities, including Noida and Gurugram, further highlighting the urgent need for accountability.
Amicus curiae, Rajiv Jain, presented findings that called for greater scrutiny of Supertech Ltd, labeling it the “main culprit” in this extensive fraud. He revealed that Corporation Bank had advanced over ₹2,700 crore to builders under dubious circumstances.
The comprehensive report from the amicus curiae outlined that Supertech Ltd alone had secured nearly ₹5,158 crore in loans since 1998, raising serious questions about the financial dealings within the real estate sector.
Following these developments, the Supreme Court instructed the CBI to expedite investigations into the new cases, facilitating search and seizure operations as necessary. The court emphasized its commitment to protecting homebuyers from fraudulent practices that have plagued the real estate market.
As part of its ongoing efforts, the CBI will share portions of its findings with the amicus curiae to ensure transparency and allow for coordinated efforts against financial malpractice. The Supreme Court’s proactive approach aims to escalate legal actions against those involved in defrauding innocent homebuyers and restoring faith in the real estate market.