Wednesday, June 19, 2013

Complaint to Director General Haryana Against Mal-practices of ERA LANDMARKS


Director General, Town & Country Planning
Haryana, Sector-18, Madhya Marg,
Chandigarh, Haryana 160017.


Complaint for violation and contravention of  Section 7 (i) & (ii) of the Haryana Development and Regulations of Urban Areas Act, 1975 and the rules framed hereunder, by M/s ERA LANDMARKS (I) Ltd.


Most Respectfully Showeth:

The Present Complaint is filed to highlight the rampant abuse and violation of Laws, Bye-Laws, rules, Regulations and provisions of the state of Haryana by aforesaid builder in conspiracy with M/s BPTP who is the licensee of the said land in Sector-76, falling in the Urban Estate of Faridabad, vide License No. 1042 to 1061 of 2006. The present complaint’s endeavor is to bring to fore the illegal methods adopted by Licensee and M/s Era Landmarks to dupe thousands of gullible citizens with ponzi housing schemes which do not have any sanction of the competent Authority. Further, the complaint tries to show how the Licensee is cheating the Competent Authority by not truthfully disclosing and concealing material facts with regards to the provisions of the Rules of 1976.
1.      It is submitted that the Licensee M/s BPTP , Vide License No. 1042 to 1061 of 2006 was granted permission to set up Residential  Group Colony admeasuring  55.98 Acres in sector-76 falling under the Urban Estate of Faridabad.

2.      It is submitted that M/s BPTP executed an irrevocable General Power of Attorney in Favor of M/s ERA LANDMARKS (I) LTD., whereby  these two colonizers conspired to unlawfully confer the rights to construct, develop and market in its own name and brand a residential township on Approx 26 Acres of the licensed Colony. The following License’s have been stated to have been transferred in favor of Era Landmarks, License No. 1042, 1043, 1045, 1046, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055 and 1061, through this unlawful instrument.

3.       it is known fact that Section 3(1)of the Haryana Development & Regulations of Urban Areas Act,1975, clearly states that, “ Any Owner desiring to convert his land into a colony shall, unless exempted under section 9, make an application to the Director, for the grant of a license to develop a colony in the prescribed form and pay for it  such fee and conversion charges as may be prescribed……”. Therefore to be a licensee the foremost requirement is to be owner of the said land that the owner wants to convert into a colony and thereafter Under subsection 2 of the said section needs to fulfill other mandatory requirements to allow the Director to grant license in his favor. Further, Section 7(i) of the Act of 1975 states that, “ Without Obtaining a license under section 3, transfer or agree to transfer in any manner plots in a colony or make advertisement or receive any amount in respect thereof is prohibited”. Therefore it is clear from the aforesaid that there is no provision under the Act of 1975 for M/s BPTP to confer rights to M/s Era Landmarks (i) Ltd. and further, M/s Era Landmarks (I) Ltd had and has no rights to transfer or agree to transfer plots in a colony, to advertise or to receive amounts thereof from intending allottees and the said bilateral irrevocable general power of Attorney is de facto and hence void and an unlawful instrument designed with motive to cheat the gullible common man of his lives saving.

4.      It is submitted that this unlawful activity between M/s BPTP and M/s ERA Landmarks (I) Ltd, to dupe thousands of gullible Citizens of the state has been brought to light to your good office through The DTP (Faridabad) vide Memo. No. 2560 dated 23.05.2013 and also through repeated letters send by, Investigating Officer ASI Suresh Chand, EOW ( Faridabad). It is regretted that even after more than several months the Officer is still waiting to know the stand of Director in this regard.

5.      It is stated that Era Landmarks (I) Ltd, does not hold any valid license to develop the said colony in sector 76 of Faridabad. Yet, with a brazen and blatant mala-fide intention M/s Era Landmarks (i) Ltd., has sold thousands of Ground Plus three floors and Highrise in 26 acres of licensed land of M/s BPTP. Copy of receipts of consumers of Era Landmarks is annexed and marked hereto as Annexure-1.  Perusal of the ledger summary clearly shows the date on which the first installment was collected by Era, the Number and address of the floor/flat sold and the total consideration for which it is sold. Therefore, there is no Iota of doubt that M/s Era Landmarks (i) Ltd., has intentionally and knowingly committed fraud with the citizens of the state by selling properties for which there is no sanctity of law.

6.      It is stated that M/s Era Landmarks (I) Ltd has sold this project showcasing the project as affordable option in Faridabad vide sales brochure, copy of which is annexed and marked Annexure-2.  Perusal of the brochure shows without doubt that M/s Era Landmark in facto is propagating and soliciting sales by enticing public at large with its affordable tag line and secured gated community features. The Brochure also clearly shows the layout plan of the residential colony, with parks and other facilities. Therefore it is clear that Era Landmarks has very indigenously designed in conspiracy with M/s BPTP a scheme to lure and dupe thousands of gullible citizens of the state.

7.      It is further submitted that Era Landmark has constructed the buildings/ structure of building and in some cases started construction of certain buildings within this project, pictures of the site of construction are annexed and marked hereto as Anneure-3. Its is stated fact that under section 7(ii), “ it is prohibited to erect or re erect any building in any colony in respect of which a licnese under section 3 has not been granted”. Therefore, M/s Era Landmarks (I) Ltd is selling and constructing illegally and further is jeopardizing the future and the present of thousand of citizens who do not know the modus operandi of Era and are faithfully abiding by the terms and condition of their bilateral agreement executed between Era and the allottees.

8.      It is submitted that Era Landmarks is committing gross violations that is causing serious harm and injury not only to the allottees who have bought into this ponzi residential scheme sold by Era landmarks (I) Ltd. to gain unlawfully at the expense of common man but  is also defrauding with the Competent authority, by constructing illegal and unauthorized building in the state and frustrating all efforts for proper and planned urban development in the state of Haryana.

9.      It is pertinent to mention that as the ownership of land is not in the name of M/s Era Landmarks which is selling and constructing the said residential project to public at large since 2009 and till date the allottees have almost paid 90% of the agreed sales consideration, further it also  does not have the mandatory license in its name. Therefore, the most important question arises that how would it be possible for M/s Era Landmarks to pass on the legal title and get conveyance deed executed in favor of these thousands of allottees and under which prevalent rule, law or Act would it be possible to allow creation of title of an unlawful and unauthorized construction. It thereby means that if stringent action is not taken immediately these thousands of allottees will have no option but to lose their lives saving.

Prayer:
 It is most humbly prayed through present complaint based on aforesaid circumstances and facts to grant reliefs in interest of Justice and in favor of the allottees.
1.      Hold the licensee guilty, jointly and severally, for criminal conspiracy and forging papers to cheat the public at large.

2.      Hold M/s Era Landmarks guilty of violating and contravening all laws, rules, provisions, terms and conditions of the Haryana Development & Regulations of Urban Areas Act, 1975.
3.      Direct the Licensee to stay construction and sale of floors/flats to public at large till the pendency of the present complaint.

4.      Direct  the police to take cognizance of mala fide and ulterior motives of Both the colonizers to cheat and fraud with the public at large for own profit.

5.      Direct both the colonizers to jointly provide alternative floors/flats in same vicinity with matching specification to all allottees which has legal sanctity of the competent Authority.

6.      Direct both the colonizers to pay punitive charges to all allottees at the rate of 24% on the money collected so far from all allottees from the date of booking of their flats and floors in the ponzi scheme hatched together by the above named colonizers.

7.      Hold the licensee guilty of concealing critical facts to the Competent Authority as is required under Section 24, 25, 26 & 27 of the Rules of 1976.
It is further prayed that all suitable relief that may be deemed fit may be granted in favor of the allottees and against the licensee’s, for which actions we would always be obliged and grateful.
Complainant

                                                                                                                       
                                                                                                                        Dr. Naveen Airchwal
H.No. 2440, sector-8, Faridabad
Verification:
Verified at Delhi on 13Th June, 2013 that the contents of the Paras 1to 9 of the complaint are true and correct to my best knowledge and believed to be true. Last paragraph is the prayer to this competent authority. All Enclosure have been self attested as true copies and the Complainant be given relief to put forth Photostat copies as relevant proofs in the present complaint.
                                                                                                                        Complainant   
                                                                                                                        Dr. Naveen Airchwal
H.No. 2440, sector-8, Faridabad,

Date-   13/06/2013                                                                                         
Place- Faridabad                                                                    

Enclosed:-

1.      Annexure 1:- Copy of receipts of consumers of Era Landmarks.
2.      Anexxure 2:- Copy of sales brochure for Era Divine Court.
3.      Annexure 3:-  Pictures of construction work done on the site.





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