ADEL/ERA LANDMARKS SEC-86 GURGAON- A STORY OF HORROR

Dear Friends,

ZEE Business highlighted the gross violations committed by Era Landmarks, now known as Adel Landmarks. The programme was aired on Saturday and Sunday, last week. Please watch the recorded part .. https://www.youtube.com/watch?v=pnqaGAIyoDY

Please pass the message to as many Home buyers you know. it does not matter if they are of Era or Ansal or any other colonizer. Two projects that of 103 and 68 Gurgaon are left to be highlighted by the media, would request home buyers of these projects to come forward so that necessary action can be initiated.

Take care and be cautious before investing in real estate projects in NCR, without due diligence.

BUYERS CHEATED BY FARIDABAD'S TOP BUILDER- ADEL LANDMARKS LTD.

Dear Friends,

Here is the link of the Citizen Journalist Show, which this weekend highlighted the plight of Consumers of ERA.. Remember now its called ADEL LANDMARKS. Two projects were showcased, First being DIVINE COURT and second PROJECT IN BAHADURGARH. Both these projects are in Haryana and both have almost same glaring deficiencies.

http://ibnlive.in.com/shows/The-Citizen-Journalist-Show.html

what this proves is that we Consumers are very easy targets for such unscrupulous developers. Therefore be very careful before paying any installments if you have already booked a flat/plot with the said developer. Please ensure that all documents, Such as License, Building plan approvals, Sanctioned Plans, Receipt of deposition of EDC, Title of the land, Non Encumbrance Certificate, etc are all provided to you. Please do not mistake the banks sanctioning of loan as the only check, banks have often proved to be guilty of favoring such unscrupulous developers. Therefore, be sure Era/ADEL provides you with all documents, otherwise put your foot down. I am sure you would not be willing to spend the rest of your lives moving applications in the courts or police stations as these buyers have had too. Take care and Best Wishes!!

BUYING FLATS IN U.P. IS ADVANTAGEOUS FOR HOME BUYERS.. what about Haryana???

• Jeevan Prakash Sharma jeevan.sharma@hindustantimes.com1 Mar 2014
• Hindustan Times (Delhi)

ADVANTAGE HOMEBUYERS

Will RWAs in Uttar Pradesh gain from the Supreme Court’s refusal to stay the Allahabad High Court ruling?

It’s ‘advantage homebuyers’ in Uttar Pradesh where their rights over common areas in housing societies are concerned. The Supreme Court (SC) has refused to stay the Allahabad High Court (HC) judgment in a case involving eHomes, a Ghaziabad project by the developer Designarch and its resident welfare association. The HC judgment had not only ironed out the creases in the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 but also interpreted it significantly to protect homebuyers’ interests, saying the apartment owners would share the benefits of any floor area ratio (FAR) bought by the developer after completion of the project.

SAKIB ALI/HTThe GDA has to give its stand on the handover of common areas to the RWA in Supreme Court by April 4, 2014.

What is important is that the dispute over rights to common property, festering for years between developers and homebuyers, has finally reached the apex court for a solution.

Real estate developers have always maintained that the apartments sold do not give the homebuyers any rights over the rest of the assets or land in their housing societies. Various disputes have arisen with homebuyers disagreeing with the developers. The most significant issues relate to ownership over common area and additional floor area ratio or FAR (What’s it? See box on page 06).

During the hearing, when the SC Bench enquired if the apartment owners could claim a share in the common property of eHomes by Designarch, senior counsel Mukul Rohatgi, appearing for the developer, insisted that they (apartment owners) could claim rights over the land beneath the buildings but not over the remaining land. Owners also did not have any say in the allotment of FAR to the developer for the housing society, he said.

The SC has refused to stay the HC order and directed the respondent Ghaziabad Development Authority and RWA to file counter affidavits along with other documents to enable RWA members to claim rights over the apartments as well as the land, shops and other properties in question.

So the good news is that the homebuyers will continue to get the benefits of the Allahabad High Court verdict.

In the 2010 case between Designarch Infrastructure Pvt Ltd versus the residents of eHomes, the residents had demanded control and rights over the common areas and facilities. The GDA had, on June 12, 2012, asked Designarch to hand over the common area and facilities to the RWA, failing which these would be transferred.

Designarch had claimed that the act was not applicable to the eHomes project as it had been completed before the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act had come into force on March 19, 2010. Aggrieved by the GDA’s order, the developer had then appealed to the Allahabad HC to set it aside. The HC then clubbed this petition with those of other group housing projects in Indirapuram that were embroiled in violation issues and, on November 14, 2013, gave a landmark verdict which interpreted the UP Apartment Act in favour of the homebuyers.

RWAs were the gainers

The HC upheld the provision of the UP Apartment Act which said that once a group housing project was complete, the developer would obtain completion certificate, give possession of the apartments to the homebuyers, help form the RWA and then hand over common areas and facilities to the association.

“As far as FAR is concerned, Section 4 (4) of the UP Apartment Act states that once the developer discloses plans and specifications to homebuyers and signs a written agreement with them, he can’t make any changes in the building plans without the consent of the homebuyers. The high court upholds the provision too,” says Harshvardhan, an RWA office-bearer of eHomes.

The HC also interpreted a provision of the act which says that once the project is complete, a developer can purchase additional FAR with the consent of the majority of residents in a group housing project and that the apartment owners will share the benefits from this additional FAR. “FAR utilisation will also be subject to the consent of the apartment owners,” the Allahabad HC held while interpreting the UP Apartment Act 2010.

Builders approached SC

Unsatisfied with the HC ruling, Designarch then approached the SC, arguing that “the HC ventured to adjudicate on the issues not raised/involved in the suit before it, the most significant (such issue) being with regard to the rights over the additional FAR retained by the developer for further development or purchased by the developer from the municipal authority subsequent to development/conveyance of apartments to individual buyers.” The builder also argued that the HC had erroneously held that “The FAR or any additional FAR is a property, appended to rights in the property on which the building is constructed, and is thus a property in which the apartment owners have interest by virtue of the provisions of the UP Apartment Act, 2010. The purchase of additional FAR is not permissible to be appropriated by the promoter without any common benefits to the apartment owners. The consent of the apartment owners obtained by resolution in the meeting of the apartment owners by majority will be necessary for purchasing additional FAR. Its utilisation will also be subject to the consent of the apartment owners.”

Silver Oaks versus e-Homes

Encouraged by the SC judgment in the matter of Silver Oaks Society in Gurgaon, which gives builders rights over community and commercial facilities, Mukul Rohatgi had attempted to convince the court that the same was applicable in UP too.

However, senior counsel Rajeev Dhawan and SK Pal, on behalf of e-Homes RWA, said that the UP Apartment Act and Haryana Apartment Act were markedly different because the latter defined ‘common area and facilities’ very differently.

Magistrate order in Criminal Case filed by DIVINE COURT HOME BUYERS IN FARIDABAD

Please find the copy of the Orders of the Hon'ble Magistrate Faridabad, in the Complaint filed by Home buyers of Divine Court Sector-76, Faridabad, Haryana.

                                      
                                      
                                      
                                       
                                       
                                       
                                       

The Next date is 04.03.2014. Hope the Home buyers get justice and legal homes for which they have been paying for last so many years.  God Bless!!

ERA Landmarks... Believe in the Disappearance..OOps Difference!!

Finally the Curtains have been drawn on the Real Estate Brand Name.. "ERA LANDMARKS". Why the Company did not acknowledge it to its consumers.. is as much a mystery as the change in name???

ERA LANDMARKS IS NOW ADEL LANDMARKS




A lot of Customers after having read the blog dated:- 24.12.2013 had spoken to the Company to endorse the new name on to their respective builder buyer agreements at that time the senior management called it a rumor... not surprisingly cause every time new evidence of the methodology of the company is presented the first reaction of the said company is always to discredit the news or the carrier of the new information.  Hope Now they would not raise the same ignorance and would step forward to fulfill its contractual obligation of endorsing and being the Confirming partner along with the Licensee Company to the agreement with the Buyer of its properties. For those who did not get to read the earlier post on the blog here is the link... http://eraredwoodfbd.blogspot.in/2013/12/era-landmarks-to-adel-landmarks.html

Is Haryana not the place to purchase Flats!!

      Here is an Article that was published within 4 days of the judgement that gave common areas to the builder. My question is when in townships in Noida, Home buyers would have all control of their projects and in Haryana the same working class would be deprived of the advantages of living in Community Building... then would you still prefer a house in Haryana??  With Daily conflicts with Builders and their maintenance staff would your property prices appreciate as maybe of Noida??? 

·         14 Dec 2013

·         Hindustan Times (Delhi)

·         Jeevan Prakash Sharma jeevan.sharma@hindustantimes.com

Homebuyers will be ‘exploited’

Experts and RWA representatives say developers likely to misinterpret SC judgment

Legal experts and RWA representatives have differing opinions on the Supreme Court’s interpretation of the relevant provisions on common areas and facilities in both the Haryana Development and Regulation of Urban Areas Act, 1975, and the Haryana Apartment Ownership Act, 1983.PICTURE REPRESENTATIONAL PURPOSE ONLY

While some experts are of the view that the apex court has struck a balance between the rights of the RWAs and developers, others argue that the judgment will be used by the real estate developer to exploit vulnerable homebuyers.

Gurgaon residents have been having problems. Anjali Jain, the a resident of a group housing project, says, “There is a school in my complex which the developer sold to an educational institution years ago. The monthly fee is R25,000, an amount that just 2% of the residents can afford. While our children go to other schools far away, students from far flung areas who can afford to pay the fees come here.”

The complaint of another resident is that the “Supreme Court hasn’t given a definition of what the community and commercial facilities will include. Now the developer can take stake claim to our parks arguing that it is a community facility. This could happen even to the temples and similar community services.”

And what happens if, as per the judgment, the developer gets to control the convenience shops in a residential complex? “Our experience shows that lots of such shops have been closed and turned into other profitable ventures such as property dealerships, beauty parlours, fast food eating joints etc. The residents have to go out of their societies and travel to distant places to buy things of basic need,” says Ashish Kaul, an apartment owner in Gurgaon.

Residents of The World Spa, a group housing project in Gurgaon’s Sector 39 & 40, have reasons to worry. A few years ago hundreds of residents fought against the developer for rights to the community club. “Now after the judgment the developer can take back the club and lease it out to anybody or run it on his own to make money. What if he charges an exorbitant amount both for membership and monthly usage? We will suffer, outsiders will enjoy the benefit and the developer will make money,” complains a resident.

Highlighting a few g rey areas in the real estate regulation acts of Haryana, Santosh Paul, a Supreme Court lawyer who appeared for the residents of Silver Oaks, says, “The government of Haryana needs to amend laws along the lines of the Maharashtra Ownership Flats Act (MOFA), which gives ownership rights over everything that exists in the complex to flat owners. There is no ambiguity in the MOFA while real estate development acts in Haryana are full of grey areas.”

Mukul Rohatgi, senior advocate who appeared for DLF in the case, contradicts Paul, saying, “Every state has made real estate laws according to its own housing requirements. So is the case with the state of Haryana. I don’t see any issue with the real estate development acts.”

Rohatgi adds, “If the residents feel aggrieved because of a nursery school leased out to expensive educational institutions, they can complain to the education department. If the convenient shopping centers are not used for the purpose for which they are constructed, the residents can complain to the competent authority. However, these violations don’t mean that the rights of colonizers will be curtailed. Developers don’t charge money from flat buyers to construct community and commercial facilities. I think the judgment is a balancing act between the rights of the flat buyers and builders.”

Kaul, in redponse, says, “If we have go to the court for everything, then we will spend the rest of our lives fighting in court.”

FEDERATION OF APARTMENT OWNERS ASSOCIATION GREATER FARIDABAD

Dear Friends,

As you would know a Federation of Apartment Owners Association Greater Faridabad has started working for the Flat/floor Home Buyers within Sectors 75-89 Faridabad. The main purpose of the Federation is to protect the propriety rights and interests of Home buyers in Faridabad. We all know that home buyers are equal stake holders in all issues concerning Real estate sector in Haryana but its most unfortunate that all policy decisions that affect all home buyers are taken within closed doors in meetings held between Authorities and Builder Lobby organizations such as NARDECO & CREDAI.

This Federation Aims to alter this and apply pressure on the Authorities to have equal representation in all policy decisions with regards to matters concerning Real Estate. We have highlighted our concerns in this matter to all Officials. We have further, taken up irregularities in Registration of Flats & Floors and an inquiry is currently under way at the SDM Faridabads Office. Below is a letter from SDM office accepting to give interim relief on one of the Six points highlighted by the Federation.

We have also made complaints to the RBI to cap the banks which fund residential projects without due -diligence. When banks start funding residential projects the Home Buyers invariably feel secure as it is believed that the Banker must have checked all relevant documents related to the project and the title of land and approvals must have been duly screened before the banks final nod to disburse the loan amounts. Unfortunately this is not the case, Banks seldom check or acquire mandatory papers from the builder and all the onus is put by these big private/public financial institutions onto the buyers of the property to verify them. Therefore its our home buyer who is once again left to fend for himself when unauthorized or illegal construction is funded by the banks. The HT Estate covered the story on such unscrupulous lenders on 21.12.2013.

A PIL has also been filed by the Federation to protect the interest of thousands of Home buyers who have been duped by both the Builders and the Authorities, by selling and constructing Flats/floors where the Builder either does not have land and Licensee in its name or where the Builder has not got approval of Building plans from the Competent Authority. These violations you can understand are similar to the Campa-Cola-Compound Case where after 25 years the Supreme court has asked the residents/owners to vacate their dwellings as its unauthorized. In Gurgaon in the ARDEE CITY case also the builder committed certain similar violations. Therefore, the Federation is trying very hard that all such unauthorized constructions which have been completed or under construction and where consumers have paid more than 50% to 95% Payment do not face uncertainty of similar eviction from their properties at any stage in the future.Below is news article in the Bhaskar (Chandigarh) 31.12.2013.

 While doing all this and planning for future possible actions to get our Home buyers reliefs such as Parking Money Back and challenging the SUPER AREA, we have been taken by surprise by the Supreme Court Judgement in the DLF vs SILVER OAKS matter. This Judgement is complex and scary. what it does is that in one breathe it not only dilutes and diminishes the Haryana Apartment Ownership Act 1983 to the Haryana Development & Regulation of Urban Areas Act,1975. The impact is clear that the ownership of Common Areas such as Community Center/Club, Convenience shopping, Nursery & Primary Schools etc  have been decided by the Apex Court to vest with the Builder. This seriously affects the rights and interests of Home Buyers in all of Haryana. The Maximum number of group Housing Colonies in Haryana are within Gurgaon & Faridabad. Therefore the largest population that is affected or similarly situated by this judgement is within these two districts alone and that is why it is our responsibility that we get up and fight for our propriety rights.  Through this i wish to humbly appeal to all to please donate for this fight for reclaiming our rights as apartment owners. for all donations you can contact: Mr. Umesh.. 9953999795. we also need volunteers who can give at least 2 to 4 hours a day for many other activities that the Federation is doing on day to day basis. for Volunteers kindly contact Mr. Chhabra.. 9716517074.  Hoping for a bright and fun filled NEW YEAR to all.. Take Care and God Bless!!