Mr Ashish kaul, the representative of GFWA for era projects, says that ,a licensee of a project can give development rights to one of few developers to develop a project, but the right to market, sell and style as its own cannot be given to any body else ,but the licensee.
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 7 of Haryana apartment ownership act 1975. i.e Prohibition to advertise and transfer plots —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.
I am not a legal person and every word of this section is going overhead, can someone make things clear for me in terms of lay man language.