I ahve booked a apartment in Greater faridabad,Sector 76, Era divine high rise.The licensee of the project is Countrywide promoters Pvt. Ltd./BPTP as you can see in the attachment that i received from HDFC Bank which is financing the project.
The company era landmarks has done a contract (allegedly) with countrywide promoters/BPTP, Namely-““License No. 1042 to 1061 of 2006 dated 25.07.2006. Type of colony and its areas : Group Housing Colony on areas measuring 26.619 acres in Phase-I out of Total land area measuring 55.724 acres. Name of the contractor to whom License has been given : Group Housing is being developed by M/S Era Landmarks Ltd. Vide Development Right Agreement entered with M/S Countrywide Promoters Ltd. & others, Number and date of approval Building plan Memo No. 192/JD(DK)/2010/15759”.
Now if this is true Era has development rights to develop the project, but it is also marketing,Selling and has styled as its own, which is (i think)against the section 7 of Haryana apartment ownership act 1975.which states"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.
Even HDFC Ltd. is financing the project and when i recieve demand letters on letterhead of era landmarks limited they promptly clear the cheque.
Also all documentation e.g Builder Buyer agrement and other documents are on the letterhead of era landmarks ltd., while the licensee is Countrywide Promoters pvt. Ltd./BPTP.
I want to know:- Is this legal buisness they are doing and is it legally right for HDFC Ltd. to finance such project, and also what can be done against the Era landmarks ltd.
Is the project illegal.
