Selling the flat in violation of the contract, the owner is in trouble

Published : 28 Sep 2023, 22:10

Jagoroniya Desk

A person named Mr. Mofizur Rahman, who has sold a flat in Golapbagh, the capital city, has alleged that he has been subjected to harassment. He has filed a complaint about this with the Dhaka Metropolitan Police (DMP) at the Jatrabari Police Station.

According to the complaint source, the owners of plot 17/1 in Golapbag, a residential area, are Mofizur and his wife, who are the beneficiaries of the inheritance and purchase schemes. They entered into an agreement with a company called H2 Builders and Construction on August 8, 2021, to construct a ten-story building on the plot. According to the agreement, they were supposed to receive nine flats in the building. Two of these flats were intended for sale to the buyer Shamsunnahar, who paid them 2.5 million taka in two installments for the purpose.

However, as per the terms and conditions of the agreement with the development company, flat owner Mofizur cannot transfer the ownership of the two flats to Shamsunnahar. This has created a complication, and Mofizur is willing to refund 2.5 million taka to Shamsunnahar to resolve the matter. However, Shamsunnahar is not willing to accept the refund and is threatening Mofizur by insisting on taking possession of the flats.

Mr. Mofizur Rahman is a tenant in the Golapbag area of Dhaka. The flat owner, Shamsunnahar, is also a resident in the same area.

If you want to know about the complexity of constructing a 10-story building and transferring flats, you should ask Mr. Mofizur, the property owner. I received 25 lakh taka in two installments from Shamsunnahar without understanding the terms of the contract to sell two flats of 1,200 square feet each. However, since I cannot deliver the flats, I want to refund the money, but he is threatening me with financial consequences and demanding that I hand over the flats. He has been threatening me repeatedly for the past two days. I am mentally distressed about this matter.

They also mentioned that on November 15, 2022, Shamsunnahar brought 2-3 unknown individuals with her and engaged in terrifying misconduct towards me, showing an intent to harm. Shamsunnahar's brother, Jamir Ali, and their sons are also regularly threatening us. I seek legal assistance to resolve this matter.

In addition, there are allegations of illegal construction against the flat buyer Shamsunnahar. She has constructed a 3-story building and is currently working on a 4-story structure in violation of the rules and regulations of the Capital Development Authority, located at 22/KHA Golapbagh, Jatrabari. Complaints regarding this matter have also been submitted to the relevant authorities. Local residents are concerned that accidents could occur at any time due to the haphazard construction of the building. Despite several attempts to contact Shamsunnahar via phone, no response has been received.

Furthermore, Shamsunnahar's brother, Md. Jamir Ali, has also unlawfully constructed a building in violation of the rules and regulations of the Capital Development Authority. He has added five additional floors to an existing single-story building located at 18/5 Golapbagh, Jatrabari. After complaints were filed with the authorities, they have issued notices against his actions.

The Building Inspector, Mr. Ziauddin, responsible for the Golapbagh area, has been unwilling to speak about the issue of illegal and non-compliant building construction. Despite multiple attempts to contact him regarding this matter, he has not been responsive.

Local residents have reported that several buildings in the Golapbagh area have been constructed without adhering to regulations and with non-compliant architectural designs. Many of these buildings have been constructed on top of existing structures. However, the Building Inspectors from Rajdhani Unnayan Kartripakkha (Capital Development Authority) have not taken any action in this regard. If a major accident, like the Rana Plaza incident, were to occur, it may result in a disaster that they could have prevented.

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