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Profile Funding in Ozone Urbana: Legal Rights, Risks & Solutions for Homebuyers
As a practicing lawyer, I meet worried homebuyers almost every week who ask the same question: “Will I ever get my money back from Ozone Urbana?” The Profile Funding in Ozone Urbana controversy has, in fact, left hundreds of families in financial distress, and I want to use this article to explain, in plain language, what happened, what the law says, and what steps you can take today to protect yourself.
What Was the Profile Funding Scheme?
Between roughly 2012 and 2016, the developer behind Ozone Urbana — a large township near Devanahalli, close to Kempegowda International Airport in Bangalore — marketed several investment-linked booking schemes to attract buyers quickly. Under Profile Funding in Ozone Urbana, buyers typically paid 10–15% of the property value as a deposit. Banks then sanctioned home loans in the buyers’ names and transferred the loan amount directly to the builder. In return, the company promised assured monthly returns, timely possession, and in some cases a “buyback” or “2X” arrangement.
On paper, this looked attractive. In practice, however, the builder allegedly diverted thousands of crores collected under such schemes to unrelated group entities instead of funding actual construction. As a result, buyers now hold flats or plots that either don’t exist, remain incomplete, or carry EMIs for properties they may never receive.
The EMI Trap & Credit Damage
Initially:
- At first, the builder pays the EMIs to maintain appearances.
- Later, builders deliberately stop paying two EMIs and pay a third to avoid NPA classification.
Now:
- Eventually, EMIs stop completely.
- As a result, borrowers start receiving recovery calls, legal notices, and visits from recovery agents at their homes and offices.
- In addition, recovery agents call or email seniors at the borrower’s workplace.
- Meanwhile, CIBIL scores collapse silently.
- At the same time, banks file ECS and cheque-bounce cases against the borrowers, and the CIBIL report reflects the same as “Suit Filed.”
- Furthermore, banks file cases before the Hon’ble Debt Recovery Tribunal to recover the loan amount with compound interest and penalty.
- If borrowers don’t contest these recovery cases, or if a borrower has changed address without updating records, the tribunal decides the case against the borrower. Consequently, the bank files an execution before the DRT, retrieves the borrower’s PAN details, and attaches the salary account. If the borrower still doesn’t pay, the court can ultimately arrest and imprison the borrower until the dues are cleared.
- In many cases, the builder defaults on such a large scale that insolvency proceedings against them begin before the Hon’ble National Company Law Tribunal.
- Overall, profile funding damages CIBIL scores so severely that victims can’t apply for home loans, vehicle loans, credit cards, business loans, or personal loans.
- Moreover, if an employer checks credit history — especially for roles in stock exchanges or finance — a damaged CIBIL score can cost victims the job.
Harassment Through Distant Litigation
Banks often file recovery and cheque-bounce cases in jurisdictions far from the borrower’s residence, purely to exhaust them financially and mentally.
Dual Funding — An Aggravated Criminal Offence
In several cases, builders resell the same flat to a second buyer without clearing the original loan. As a result, this creates:
- Two legal owners for one property
- Two different banks holding a mortgage over one flat
- Clear offences of cheating, criminal breach of trust, and conspiracy
Legal Consequences Faced by Victims
Civil Consequences
- EMI defaults and recovery proceedings
- Severe CIBIL score damage
- Cheque-bounce cases under Section 138, NI Act
- SARFAESI actions and attachment threats
- Recovery cases that banks file against borrowers before Debt Recovery Tribunals or through arbitration
Criminal Exposure (Often Unknown to Victims)
In addition to civil consequences, banks may initiate FIRs alleging:
- Multiple loans obtained within a short period
- Forged salary slips or income documents
- Cheating, forgery, and criminal conspiracy
What Homebuyers Should Do Now
First, register your claim in the insolvency process, if applicable. Once CIRP proceedings commence, courts generally stay individual suits and RERA execution, and buyers instead need to file claims with the resolution professional within the prescribed timeline. Therefore, missing this deadline can seriously prejudice your recovery.
Constitutional Remedy (Writ Petition)
Another option is filing a Writ Petition before the High Court or Supreme Court, seeking:
- Immediate stay on coercive recovery actions
- Protection from EMI enforcement
In particular, courts have consistently granted relief where:
- The bank disbursed loans in a single tranche
- The builder violated construction-linked disbursement norms
- The builder ignored RBI / NHB guidelines
Criminal Proceedings Against Builders (Case-Specific)
Where evidence supports:
- Multiple sale of the same unit
- Forged allotment letters
- Fraudulent approvals
In such cases, victims can initiate criminal complaints against builders alone, with extreme caution and legal vetting.
Our Expertise
To date, we have successfully represented over 3,000 victims of profile funding and builder fraud across India.
Specifically, our litigation strategy has:
- Withstood testing across multiple High Courts
- Consistently secured protection for homebuyers
- Withstood challenges from banks and builders
Given the stakes involved, expert legal intervention is not optional — it is essential.
Why a Legally Sustainable Narrative Matters
Ultimately, profile funding in Ozone Urbana cases intersect:
- Banking law
- Criminal law
- Consumer protection
- Constitutional remedies
As a result, a single misstep can permanently damage the borrower’s case.
This article aims to provide general awareness and does not constitute legal advice. Homebuyers facing a similar situation should consult a qualified lawyer to evaluate the specific facts of their case.