A number of persons who invested in housing had to go to court and ask to have their right of ownership over apartments for which they paid registered after the business entity that erected the building refused to sign the necessary documents, arguing the company’s accounting office didn’t get the money paid by investors.
In a news conference at IPN, lawyer Alexandru Marginean said it goes to an investment contract signed two-three years ago. The investors in apartments fully paid the sums for these when the contract was signed. Later, they waited for the apartment building to be erected and made available for occupancy.
Problems between investors and the contractor “Elat Neocons” SRL appeared after two associates started a war between them. More exactly, they accuse each other of causing damage to the company and of selling apartments for which money wasn’t paid by investment contracts. The cash collection orders and fiscal invoices that were attached to the case as conclusive evidence are yet ignored.
The lawyer said the dispute is examined by investigation bodies and prosecutors. Also, each of the wronged investor went to court. In some of the cases, the persons obtained a final and irrevocable decision of the court of law by which the registration of the right of ownership is ordered. In other cases, the court ruled that the cash collection order and the fiscal invoice that confirm the payment was made are not conclusive proofs.
Alexandru Marginean said the contractor allowed irregularities in the accounting documents and the State Tax Service was notified of these. The Prosecutor General’s Office was also informed about the annulment of checks of hundreds of thousands of lei. The institution responded that the matter is under the close scrutiny of the prosecutor general, but things didn’t move on.
Lawyer Victoria Donica Gamurari said that multiple cases involving “Elat Neocons” SRL are pending in court. Investors complained that the contractor didn’t fulfill its obligations. Her client is in a similar situation. Even if they won the case in court in a year, the contractor appealed the decision. “Recently, the Appeals Court ordered to fully quash the ordinary court’s decision and dismissed the claim as unfounded. We this way have a decision by which those illegalities committed by SRL ”Elat Neocons” were practically legalized. “Elat Neocons” has the apartments and the money paid by the clients too,” stated the lawyer, noting they are hopeful the Supreme Court of Justice will do the investors justice.
Lawyer Denis Dobrioglo depicted a similar situation. He said that an unhealthy, abusive practice is accepted by the court. “We will evidently go to the Supreme Court of Justice to seek justice. It will be regrettable if the Supreme Court does not cast light. I’m sure that the European Court of Human Rights will award damages to our clients. But in such a way the sums will be collected not from “Elat Neocons”, but from the state budget, from us all. We thus wonder what the role of the courts of law is,” stated Denis Dobrioglo.
