Here in Era divine court, the licensee is Countrywide promoters pvt. ltd./BPTP, and developer is era landmarks ltd., but here the developer(Era landmarks) is marketing, selling and has styled the project as its own namely era divine court/era divine high rise.
This is violation of Section 3 & 7 of Haryana apartment ownership act 1975. i.e Prohibition to advertise and transfer plots —
[b]Save as provided in section 9, no person including a property dealer shall,
(i) without obtaining a license under section 3, transfer or agree to transfer in any manner plots in a colony or make an advertisement or receive any amount in respect thereof;
(ii) erect or re-erect any building in any colony in respect of which a license under section 3, has not been granted.
(iii) erect or re-erect any building other than for purposes of agriculture on the land sub-divided for agriculture as defined in clause (aa) of section 2 of this Act.
[/b]
In simple term without a valid license this company has no right to market, build and sell flats in its own name , only BPTP has this right, and as per rule License cannot be transferred, Also it cannot collect money in form of EDC on pretext of Govt. Notification, because govt. cannot ask this company to collect money on the first place.
Hence this company cannot collect any/even a single penny from us in name of Era divine court, and if it sends demands and issues receipts on Letterhead of Era Landmarks Ltd. That it is committing a Crime of Cheating i.e. 420 section of Cr PC which has sever punishment for the criminal i.e. ELL.
Just like the fact the Piyush group Directors were sent to jail, when they offered possession to its costumers when there license had expired.
Builder says that they have a memorandum of understanding with BPTP, but as per rule License cannot be transferred, and only a licensed builder can sell a project. Also if some issues creap up between BPTP and Era (MONEY ISSUE) and BPTP snaps its tie with Era than we stand looted.
After full conformation of facts we came to the conclusion that a criminal case has to be filed against this colonizer with Commissioner of Police Fbd., and we have(i.e. 20-25 buyers) filed a criminal case of cheating against era, and Comm. of police has recognized our complaint and matter has been posted for investigation against Era in Economic offence wing. Top management has been summoned to EOW Fbd. till date for answering our queries and we are sure that they do not have any answer to our complaint.
The Era management has submitted a agreement that they have between Era and countrywide , and in other words they have agreed in front of police that they do not hold the license in their name.
Join
https://groups.google.com/forum/#!forum ... -court-rwa by sending verification document like latest Demand/Receipt for your unit in Era divine court. to
mrinal.hsi@gmail.com.