For the duration of compulsory insurance contracts equity (DDU) in housing construction, before the date of transfer to the escrow account to the insurers and failed to develop effective mechanisms of interaction with investors. Unwillingness to pay means the insured persons has resulted in companies starting to scare annoying holders in criminal cases on charges of attempted fraud in especially large size, with the prospect of imprisonment for up to 10 years.A letter with such a warning from the “Prominstrah” received, for example, Leila Tairov, who bought the apartment in the residential complex “Solar system” which was started to build already bankrupt Urban Group. Trying to get back invested in the purchase of the apartment money, miss Tairova made in court not only compensation from the Fund for the protection of rights of investors, but also insurance payments for failure of terms of delivery of object. And even got a writ for seizure of property “of Prominstrah” where not answered my query.It is these actions the insurer calls attempted fraud and demands to withdraw the writ as compensation from the Foundation she has already received. The lawyer Leila Tairova Diamond Kuzembaev says that trying to get funds, investors not only appealed to the Fund itself, but also filed lawsuits to “Prominstrah”, engaged in the insurance of PO. Some of them managed to achieve a positive decision on the statement of claim to the insurance company. These lucky ones, said the lawyer, was not more than 1-2% of all co-investors “Solar system”. The Fund reported that it paid compensation to 94% of shareholders “the Solar system”.The legality of actions of shareholders I confirm senior associate “Rustam Kurmaev and partners” Yaroslav Chicle and partner of the Bureau “of Bichenov and partners” Dakhanago Nagoeva.It seems that for the first time the existence of the Institute shared construction co-investors of the bankrupt developer was in a winning situation, having the opportunity to reimburse the cost of DDU double. To do this, however, will not be easy: as explained by Diamond Kuzembaev, the Bank, serving “Prominstrakh” in the payment of funds by court order, refuses, citing the fact that there may be other interested parties.The situation is unlikely to strengthen, and so shaky on the background of the collapse of the Urban Group and economic crisis of confidence among potential home buyers to developers. And the threat of criminal prosecution of shareholders the insurers may cause a new wave of disgruntled investors.
