ERA Divine Court construction status and updates, possession, resale prices discussion

[naveenarichwal]

Yes number of members from this project who had not paid EEDC till now have received Demand from Era Landmark Ltd. and these have been forwarded to Mr Umesh Prabhakar Ji(General Secretary-GFWA) and with help Of MR Aashish kaul ji a formal complaint has been sent to DGTCP, and also Economic offence wing will be shown these threatening Letters.

[naveenarichwal]

On 9-5-13, I & Mr Umesh Ji, went to meet Mr Suresh Chand EOW, at around 4 P.M. at his office :

He showed us the documents that Era MD had deposited with him in Yesterdays(8-5-13) meeting at Room no. 507 ,Mini Secretariate,Fbd, and these include :
1. Renewed license of Sector 76 including era Divine court- see trail mails 44_renewal
2- He showed the Power of attorney of 26.619 acre of land has been given to era by Countrywide Promoters Pvt.Ltd.
3 MOU between Era & Countrywide Promoters Pvt.Ltd.

These were all on stamp paper and were attested by Notary, and it was written that these agreement between Era & Countrywide Promoters Pvt.Ltd. are as per companies act.

The points which were written were:
1- That Countrywide Promoters Pvt.Ltd. has given the Power of attorney of 26.619 acre of land to Era and era has paid some Rs 125 crore to Countrywide Promoters Pvt.Ltd.

2- Development rights, marketing rights and selling rights were transferred to Era by Countrywide Promoters Pvt.Ltd. in one of the clause.

3. Era has been given the right to collect EDC/IDC from buyers by Countrywide Promoters Pvt.Ltd. and it is the duty of Era to do so.

4.Era will built the whole project in its name including EWS flats in accordance of the government rules.

5. Era will bear all expenses to get necessary approvals from Relevant authority and Countrywide Promoters Pvt.Ltd will give special power of attorney to Era for that.

6- The land i.e. 26.619 on which Era divine court is situated bears following Licenses that have been granted to Countrywide Promoters Pvt.Ltd- 1042, 1043,1045, 1046, 1048, 1049, 1050,1051,1052,1053, 1054,1055,& 1061.

7. The IDC that Era will collect will be Rs 16/sq.ft.
8. Era is responsible to deal with all disputes that arise from the area
OUR POINT BEFORE EOW
Now we told Mr Suresh ji that this is a agreement between era & Countrywide Promoters Pvt.Ltd. but in light of Haryana development and regulation of urban ares act 1975, what is the legality of this contract between Era & Countrywide Promoters Pvt.Ltd.
We gave examples like a Driving license, License of a Doctor, and License of a insurance agent and also the basis of the policy to issue licenses by DTCP to reasonable Builders will be defeated if such agreements will be done between builders. also raised the fact that Section 3 & section 7 of Haryana development and regulation of urban ares act 1975, is been violated by this contract.

Mr Suresh Chand told that He will check that issue too.

[naveenarichwal]

A meeting is being held on 19-5-13 @ town park sector 12, Faridabad, 10:00A.M , all genuine buyers are invited with copy of receipt/demand of payment made to era landmark for their unit in era divine court.
Please come as some important decisions are to be taken @ RWA level.
Thanks

[naveenarichwal]

This is the details which i had sent to online help line of http://www.legalhelplineindia.com/ and they have given the answer that a strong case can be built against Era

---------- Forwarded message ----------
From: Naveen <naveenarichwal@gmail.com>
Date: Sun, May 12, 2013 at 3:09 AM
To: legalhelplineindia@gmail.com

Subject: Issue of license as per Haryana Development & regulation of Urban areas act 1975

Sir,I am Dr Naveen Arichwal, President Of Era Divine court Resident welfare association, Faridabad.

I have booked a flat in Era divine high rise project ,that is being developed by M/s Era Landmarks Ltd.(http://www.eragroup.co.in) in sector 76, Faridabad,

Now the licensee of this whole sector i.e 55.8 acres of land is M/s Countrywide promoters Pvt Ltd.

Out of this 55.8 acres of land it has sold 26.619 acres of land to m/s Era Landmarks Ltd. and via a agreement between the two companies,M/s Countrywide promoters Pvt Ltd.has given General & special power of attorney of development ,marketing,selling flats to Era landmarks ltd.

Now Era Landmark Ltd. is Building independent floors and high rise project,EWS,School,etc in this 26.619 acres of land , and it is marketing,selling and has styled the project as its own. It is also collecting EDC/Enhanced EDC from the buyers like me., it is issuing demand letters and issuing receipts of payments on its letterhead, and done all documentation in its name.

Now I want to know that can a builder/Property dealer , do such type of activity, when such type of activity can be done only after obtaining a license in its name,as per Haryana development &regulation of Urban areas act 1975.

Section 7 of the said act says that(quote)
Prohibition to advertise and transfer plots —Save as provided in section 9, 34{no person including a property dealer shall,}
(a) 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;
(b)erect or re-erect any building in any colony in respect of which a license under section 3, has not been granted.
(c)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.}

Unquote
Here the licensee is Countrywide promoter pvt. ltd but in 26.619 acres of licensed land Era landmark is developing "Era divine court" and marketing, selling flats and a Builder buyer Agreement has been signed between buyers and era landmark ltd, wherein Era landmarks has been termed as builder of this project. It is issuing demands and receipts of payment made to it on its letterhead..

Few members( around 20) had filed a Case of cheating against Era as we thought that this activity that era is doing is against Haryana development &regulation of Urban areas act 1975.
Now the case has been transferred to EOW of Faridabad police, wherein the builder"Era Landmark Ltd." has submitted the copy of Agreement that it has done with the licensee Countrywide promoter pvt. ltd.

I want to know that
1-Can a builder do such type of activity that era is doing despite of the fact that Era does not hold a license in its name.
2- What is the value of such agreement between licensee & Era Landmark Ltd ,
3-Can a Case of cheating against Era be filed ,despite this agreement.

I shall be grateful if you give your able guidance in this regard.

Thank You
Dr Naveen Arichwal


REPLY from http://www.legalhelplineindia.com/

---------- Forwarded message ----------
From: Fylfot Group of Advocates <legalhelplineindia@gmail.com>
Date: Sun, May 12, 2013 at 11:30 PM
Subject: Re: Issue of license as per Haryana Development & regulation of Urban areas act 1975
To: Naveen <naveenarichwal@gmail.com>


Dear Sir,
You are on right lines, the case against Era is strong, you can pursue the case accordingly. The detailed advice in the matter can be obtained from a good civil lawyer after showing all the documents, contracts, declarations etc.
Regards
Suresh
Adviser

[kchauhan]

Thanks Naveen for the update. I really appreciate your effort. However, I've few question. I would appreciate if you take them in right spirit.

I agree that ERA has violated norms by marketing and selling the product as their own. Infact, there are other builders also which have done the same. RPS Auria, newly launched project by RPS is another example. RPS Auria site's license is in the name of achievers. There may be other examples too. Now, Considering that it's a standard practice employed by builders to sell the development rights to other builder, does it matter that much from end users/investor's point of view on which builder provides the possession. As long as users get their flats, they should be happy. No?
Obviously, Delays are unacceptable and we should fight for that.

Please note that I'm in no way trying to justify the act of Builder. I'm in no way associated with them. All of them are big thugs. But I would like to understand what's in it for end users/investors in this fight?

[naveenarichwal]

Sir,I dont think that you ever had a experience with Era landmarks Ltd., The Builder thinks that once you have booked your flat , than you are its slave, they do not care about the difficulty the buyers are facing despite giving their hard earned money. They give threats to the very consumer who is paying them money so that they can live a lavish life style. They do not fulfill written promises . They misrepresent the facts about the project that they are building. The do not give any answer to genuine & simple questions of the consumers that are ready to pay what ever they demand. They deliberately delay the construction of the project.
And i am not alone in this, There are several investors who have even more grudges than what i have.

If they are in this business it should be their duty to convince the consumer and explain them just like a family member. Because even we know their difficulties but when the builder thinks that buyers are fools and they can exploit them till eternity and when things go beyond the Limits of Tolerance than if you are a Human being and have Patience & Determination than these builders have to be dealt in the way they deal the costumers.
There is some law in this land, and you have to take its shelter when you feel cheated by the Builder. And that is what we are doing.
Police says that we know what these builders in Neharpar are doing, But we cannot take action when the buyers do not complain, once the buyers complain then we will also take action.
You can be Exploited only when you want to be exploited!

[naveenarichwal]

Thank Sir,
Can a criminal case of Cheating by misrepresenting facts i.e. Section 420 ,467.406.120B be also done against Era Landmark Ltd.
The EOW Investigation officer seems to be taking side of the Builder ,and to register a FIR, should we approach court.
Thanks
Dr Naveen arichwal


---------- Forwarded message ----------
From: Fylfot Group of Advocates <legalhelplineindia@gmail.com>
Date: Mon, May 13, 2013 at 5:38 AM
Subject: Re: Issue of license as per Haryana Development & regulation of Urban areas act 1975
To: Naveen

Reply from Fylfot Group of advocates
Dear Sir,
You have two options, you can file a criminal writ petition before the Punjab and Haryana High Court at Chandigarh , you can also file a complaint case under Section 156(3) of Cr PC before the court of Magistrate, who can order for the registration of FIR. Both the remedies are effective as well as parallel, you can choose any one of them.
Regards
Suresh
Adviser

[kchauhan]

I understand and appreciate your sentiment. I agree with everything you have said.
I would like to say that the problems listed by you are not just limited to ERA. Almost all the Builders in Neharpar are exploiting and harassing customers. Having said that, I'm in no way justifying their act.

I've little experience with ERA. I've recently booked a unit in ERA divine project. I did ask them about possession at the time of applying for transfer to which I got a very vague answer.
I also got to know that they have raised the transfer charges from Rs 50/- sq ft to Rs 200/- sq ft without any justification which is nothing but exploitation of customer.

What I'm interested in knowing is how would challenging the license issue in court solve this issue? Would it lead to an early possession? Would the builder forego unethical(read illegal) charges extracted from customers?
I'm not questioning your approach. Just wanted to understand on how would it help reach the said goals?

[naveenarichwal]

Only Time will Tell ,But It will be Good For The customers, You should be aware of the fact that Courts are taking the side of customers as seen in Piyush ,SRS EEDC issues and we also go by that ,a Larger good will be done by Court.
But Certainly we Will Get what we are Demanding.

[naveenarichwal]

Come to our Meeting at Town Park on 19-5-13 at 10:00 AM and than you would know! But come with a verification document , i.e receipt /Demand of Payment to era Landmark for your era divine Court Flat.

[Rahul_Raghav]

Sir,
Can anybody tell me the present status of construction of 250 sq. yard low floor apartments in ERA sector 76.
I bought one flat last year (in sept. 2012) and was told by builder that possession will be in six months.
I visited the place, though the work is going on but I dont think possession will be offered before 6-9 months from now.
I want to know the exact status and if there are other people on this forum for ERA project pls reply..

Pls Reply.

R Raghav

[naveenarichwal]

Sir, I have visited the project several times since 2 yrs, and the builder has completed 95% of the work in 250 sq.yrd flats since than and since 2 yrs the builder and all property dealers are singing the same song of 6 months.
The situation is such that the 250 sq yrd flats which are near to entrance gate are 95% completed and all remaining units that is 180 sq yrd, also i think few 250 units which are away from the entrance gate are 60-70% completed..
The construction of High rise is going on on snail pace.
Since 2 yrs i have had the feeling that at least 250 sq yrd buyers near the entrance gate will get their flats, but status quo is being deliberately maintained by this builder.
Even if 250 sq yrd buyers near the entrance gate will get their flats in next 6 month, than remaining 80 % of the project will continue to be under construction for say 2yrs and High rise will be for minimum 4 yrs. So the flow of trucks ,continuous presence of workers for next 4 yrs.
This is just a Bluff that property dealers and builders are playing with common man, to earn their 1% commission.
You are the best judge for yourself, and you have to visit the site and judge for yourself when the builder will give possession.

[naveenarichwal]

Many members of Era Divine court have received threatening call from Era collection center at Noida office, that if the buyers do not pay EEDC than this is the Last call and thereafter they will cancel the contract and return the amount deposited by the buyer with them along with interest of 12%.

Also many buyers who have already paid EEDC have received letters from era that they will refund/adjust the retrospective interest that was charged with EEDC, as per notification of DTCP.

[Rahul_Raghav]

SIR,
I recently joined the thread and was not aware of the 19th meeting.so I could not attend it....Could U pls tell me in brief what was decided/ discussed in the meeting on imp points?????

[Rahul_Raghav]

Dear Members,

Did any of you are in contact with ERA DIVINE COURT management???
what they are saying about possession of flats in 250 sq. yard.
can anyone also tell me contact no. (phone or email) of ERA.
Thanks
R Raghav