Problem:

Now-a-days it is considered as a norm for builders to collect money from prospective buyers of housing with their half baked projects and approvals. Once the money has been taken by the builder, they play with public money keeping all laws of the country at stake. there is no harsh punishment and counter plan by Government to arrange refunds and take punitive action against fraudster builder as well as fix the responsibility of public servant having hand in glove with builder to help them execute the fraud. In one of its kind curious case of M/s Adel Landmarks Ltd. (a Subsidiary of M/s Era Infrastructure Ltd.) has been involved in massive housing scam right from its inception in 2005, by collecting monies from the public and divesting it to their parent company Era Group and siphoning of monies abroad for the purpose best known to them. It can be intercepted that how such builder make fun of system for their own benefit and innocent and gullible people become prey to their, well structured housing schemes and struck with their Monies deposited with the builder, which later turned into legal battle for years to extract refund of their hard earned money in bits and parts, loosing its value and interest with the time. 

 

Solution:

1. Start an Investigation by SIT formed under CBI
2. Provide Single Window Solution for approval for all real estate approval. No project should execute without all approvals in place.
3. Any violation should be punished and offender blacklisted for 10 years. Responsibility and Punishment should be set for Government Officials having collusion with such offender builder.
4. Enforce Refund with existing corporate compound interest rate and 12% PA as penalty along with principal amount from such builder

 

I had been cheated by such housing schemes where i have personally realised that it takes long working time to deal with legal cases and file complaints and RTI  into different directions to get the truth out and deal with peculiar corrupt system. At the end of it your energy stops than you get a solution. The builder enjoys Wealth Power and undeterred by existing legal system for any punishment. Hence it is necessary to make changes NOW to protect interest of large number of home seekers from such unscrupulous and errant builder like M/s Adel Landmarks Ltd., I wish to start this petition to be presented to aforementioned decision makers and help innocent investors to protect their hard earned money from such perpetual fraudsters.

This Petition can be signed by all Real Estate Aggrieved Buyers of any project in Haryana or ANY STATE in INDIA, who believe in change in system and support strong action against perpetrators.

However, If you are aggrieved by any Project of M/s Adel Landmarks / Era Landmarks or Era Group then kindly fill in your details separately in this link http://goo.gl/forms/hPfAsLtwM0  in addition to signing this petition. 

Here in Below is Start of Petition:

 

 

 

To,

Mr. Narendra Modi

Prime Minister of India

Prime Minister's Office
South Block, Raisina Hill
New Delhi-110011
Phone No: +91-11-23012312

 

Sub: Representation against Criminal Acts of Fraud and Cheating committed by M/s Adel Landmarks Ltd., & its Directors, Shri Hem Singh Bharana and Sumit Bharana.

 

Sir,

 

I am an unfortunate buyers of a residential unit in Project: Cosmo City, launched by an errant builder, namely M/s Adel Landmarks Limited in Sector - 103, Gurgaon. The builder, M/s Adel Landmark Limited, formerly known as M/s Era Landmarks Limited, is a Promoters and Group Associates company of M/s Era Infra Engineering Limited, headed by Shri Hem Singh Bharana. Shri Sumit Bharana is the Full-time Director of MIs Adel Landmarks Limited, and nephew of Shri Hem Singh Bharana. A list of all monies collected from Petitioners is placed at ANNEXURE-1

 

After collection of money, M/s Adel Landmarks Ltd. kept 50% of the buyers as Un-allotted and other 50% who were allotted are being deceived by M/s Adel Landmarks Ltd.  The Modus Operandi of their operations works in sync with following methodologies:

 

1.    Misrepresentation of facts and licenses for booking of their residential units. (Referred to: All Projects)

2.    Allotted a unit in the project which were either on a mortgaged land (Referred to: Cosmocity 1 and 3)or sold off to Ansals Housing (Referred to: Cosmo City – 2 and Cosmocourt Sec. 86)

3.    Construction in lurch and project licenses are expired (Referred to: Cosmocity 1 and 3, Sky Ville Sohna Road)

4.    Not executable owing to deficiency of necessary approvals (Referred to: All Projects)

5.    Projects never saw light of day (Referred to: Cosmocity 3, Sec.-103, Bahadurgarh Projects)

6.    Projects that were never existed and money collected (Referred to: Era-104, Sec.-104, Gurgaon and Bahadurgarh Projects)

 

A Gist of Offences Era Group has been involved into various violations which is evident:

 

1.    That accused company launched multiple real estate projects across India without having approvals and licenses as necessary by state laws and laws of the land in India. For which Directors of the company are under trail of court proceedings for around 1000 cases in Gurgaon, Haryana alone (ANNEXURE-2). In addition, SEBI has passed an order dated against them for winding up of Collective Investment Scheme (CIS) within 3 months or face liquidation (ANNEXURE-3).

2.    That accused company lured public at large in the name of residential projects and amassed more than 10,000 Crs. and diverted the monies to different directions for unknown purposes (ANNEXURE-4).

3.    That accused company has charges of loans for Rs. 16,205 Crs for which on a decent rate of corporate interest for real estate companies in India @18% PA they have liability of Rs. 2,900 Crs Per annum as Interest only. Which cannot be accommodated by present Turnover of Rs. 2,000 Crs. and a loss making company and their current assets (which are not mortgaged) in India (ANNEXURE-5).

4.    That company has no sufficient funds to honour its commitment to clear charges of immovable assets, owing to which the banks/financial institutions are sealing the project land and auctioning the secured charge to public. Under such circumstances they are systematically investing monies being collected and loaned by the Era Group (ANNEXURE-6).

5.    That the Directors of the company is involved in Money laundering and siphoning of Funds to their business interest abroad. It is alleged that Mr. Hem Singh Bharana and Mr. Bijander Singh Chaprana has indulged into siphoned of money overseas knowingly through Peach Glow Holdings Ltd. or any other business entity with unknown names, to deal with their business interest, probably in following areas.

a.    Acquire land mines in South Africa.

b.    Venture into Mining Business in Africa by taking mines on lease.

c.     Planning for Kuwait, Hong Kong, Iraq etc in coming future.

d.    Acquire land in America and Develop Commercial Projects.

e.    Possibly acquire land in United Kingdom and Develop Commercial Projects.

A Complaint no.: PMOPG/E/2015/0134786 is pending with PMO/Enforcement Directorate for alledge siphoning of Monies (ANNEXURE-7)

6.    That the company has not deposited EDC/ IDC charges collected from public in Haryana Alone to the tune of Rs. 100 Crs causing loss to exchequer and hampering development of the state infrastructure in the region (ANNEXURE-8).

 

The said builder, MIs Adel, and its aforesaid Directors, are habitual and perpetual offenders. Shri Hem Singh Bharana and Shri Sumit Bharana have unabashedly in past, and with mutual conspiracy, committed several criminal acts of fraud and cheating on the gullible home-buyers in their various projects launched by their Company. Their unrelenting criminal pursuit, and the consequential pain and plight inflicted on home-buyers in their project, has been regularly highlighted in Media / Press / Newspapers. Some of the unlawful criminal acts committed by Shri Hem Singh Bharana and Shri Sumit Bharana, are detailed hereunder for your kind reference:-

 

1.    Illegally selling-off Cosmocity Phase-II to another firm, M/s Ansal Housing.

 After selling the entire Cosmocity Phase-II project to various buyers and collecting 25% of cost upfront from each individual buyer, MIs Adel illegally sold the entire Cosmocity Phase - II project to MIs Ansal housing, in gross violation to the Licensing conditions laid down by TCP in License No. 32 of 2012. Copies of various Media Reports reflecting hue and cry raised by innocent buyers, and the subsequent probe ordered by DG, TCP, are placed at Annexure - 9.

 

Senior Town Planner, Gurgaon, was directed to inquire the matter, and he submitted his Report dated 09.07.2014, wherein he established the culpability of the builder, MIs Adel, in committing the aforesaid illegal act and recommended for taking action against the company. Copy of said Report is placed at Annexure - 10.

Based on the said Report, DG, TCP, Haryana, then issued a Show Cause Notice to MIs Adel, vide his Memo dated 21.07.2014, asking the Builder to Show-cause for committing said violation of the provisions of the said Act and Rules framed therein. Copy of said Show Cause Notice is placed at ANNEXURE-11.

 

Simultaneously, DG, TCP, Haryana, here also accorded a Prosecution Sanction under Section 10 of aforesaid Act, and directed District Town Planner (E), Gurgaon, to take necessary action as per the Act! Rules, for violatiqn of provisions of aforesaid Act. Copy of this Prosecution Sanction is placed at ANNEXURE-12.

 

Accordingly, a FIR No. 001 of 2015 dated 02.01.2015 was registered by Shri Kamal Kumar Khurana, in PS - E.O.W., Delhi, where a group of 26 people are added as “Sorubh Maggo and Others” on 17-Mar-2015 copy of same is placed at ANNEXURE-13

 

2.    Illegalities committed in their other Project - Era Divine Court in Faridabad.

Similar irregularities have also been committed in their project located in Faribabad, where the said builder, MIs Adel has sold flats to innocent buyers and has already extracted major consideration of cost from the buyers.

 

However, through RTI and submission made by DTP, Faridabad, it has been found that said company, MIs Adel, has not been granted any license for any project by name - Era Divine Court, Sector - 76, Faridabad. A copy of said RTI and submission made by JE, DTP, Faridabad, are placed at ANNEXURE-14.

 

Thereafter, Criminal Complaint under Sec 406, 420, 467, 468, 471, 120-B and 506 of IPC was filed against said builder, MIs Adel and its Directors, Shri H. S. Bharana, Shri Sumit Bharana and others, in Court of Learned Judicial Magistrate 1st Class, Faridabad. Learned Magistrate ordered for initiating proceeding against accused for commission of offences punishable under said Sections of IPC. Copy of Summon Orders dated 13.01.2014 is placed at ANNEXURE-15.

 

Based on these complaints, DG, TCP, Haryana, then issued a Show Cause Notice for Cancellation for License to MIs Adel, vide his Memo dated 10.06.2015, asking the Builder to Show-cause for violation of provisions of said Act and Rules framed therein. Copy of said Show Cause Notice is placed at ANNEXURE-16.

 

3.    Multiple FIRs registered against the said builder, M/s Adel Landmarks.

In the interim, there were several Medial Newspaper Reports highlighting the various illegalities committed by said builder, MIs Adel, and its Directors. Copies of Media Reports published in reputed National Dailies are placed at ANNEXURE-17.

 

As detailed in these Media Reports, there are references of multiple FIRs being filed by aggrieved buyers who had been defrauded of their hard earned money.

 

4.    Multiple Cheque-bouncing Cases against the said Builder, M/s Adel.

The builder, MIs Adel is also accused in multiple cases filed by aggrieved buyers, who were given refund by MIs Adel, but the cheques issued got bounced. Several FIRs complaining for such cheating and cheque-bouncing have been filed in various Police Stations in Gurgaon, namely some of them are as under:-

 

FIR No, 0053 dated 03.03.2015 - ANNEXURE - 18.

FIR No. 0191 dated 15.05.2015 - ANNEXURE – 19

FIR No. 0192 dated 16.05.2015 - ANNEXURE - 20.

FIR No. 0195 dated 16.05.2015 - ANNEXURE - 21.

 

The aforesaid list of FIRs is only indicative and not exhaustive. There are several other FIRs also filed in Gurgaon and EOW, Delhi, against the said Builder, and its Directors, for similar illegal acts of fraud, cheating and cheque-bounce.

 

5.    Warrants issued by Gurgaon Court against Directors of M/s Adel Landmark.

Recently there were Media Reports in National Newspapers that a City Court in Gurgaon had issued Arrest Warrants against 04 Directors of MIs Adel Landmarks, namely Shri Hem Singh Bharana, Shri Sumit Bharana, Shri Sanjay Chawla and Shri Rakesh Kumar Gupta. Copies of Media Reports are placed at ANNEXURE-22.

 

The aforesaid persons were found to be accused in 21 cases of fraud registered against them. It has been mentioned in said reports that "The Town and Country Planner had approached the Police, claiming the builder had flouted norm license norms on these projects, which never took off. Investors also claimed that the builders had abandoned the project mid-way".

 

6.    False Information submitted by said accused before Police and Hon'ble Court.

It is regretted to state that the said accused builder and its Directors have  submitting false information before Police and Hon'ble Court, by the means of affidavit that they are under process of settling the un-allotted unit holders. A copy of said fictitious List purported by M/s Adel, in their affidavit is placed at ANNEXURE-23.

 

A Counter Affidavit revealing such Misrepresentation before Hon’ble High Court is placed at ANNEXURE-24 owing to which they faced dismissal of bail petition in a massive fraud case.

 

 

7.    Having capacity to influence the public departments at all levels.

A.    Department of Town and Country Planning, Chandigarh had allowed builder to collect monies in absence of having a valid license and no vigilance were taken on record at the time of such offence.

 

B.    Department of Town and Country Planning, Chandigarh passed Defunct Building Layout for the projects of Cosmocity -1 and 3  without having proper measures as per Fire Fighting Norms and DTCP’s Own order to comply for removal of building height limits in the state. A complaint for which is laying pending with DTCP with no action taken so far. A copy of complaint along with Diary no.is placed at ANNEXURE-25

 

C.    The Hon’ble High Court of Chandigarh on 9-Nov-2015 has dismissed the bail application in number of cases pending against one of the aforesaid accused Director, Shri Hem Singh Bharana, who has been arrested on 15.07.2015, and got bail later and has been arrested again on 16.10.2015 at 6:40 PM and sent to PGIMS Rohtak on 18.10.2015, for treatment is still staying at the Hospital till date after 35 days of treatment. Copies of RTI reply from Jail Authorities in Gurgaon is placed at ANNEXURE - 26.

 

D.    The other three Directors, especially Shri Sumit Bharana, are absconding and no actions has been contemplated by either Gurgaon Police or Delhi Police where it is required to begin the trial of the accused. Delhi Police has submitted a report stating that the accused “Mr. Sumit Bharana is absconding and at large” before Saket District Court in Delhi on 02.09.2015. However, Buyers have seen/talked to him in person while visiting Era Group offices in Noida for their disputed refund. The lenient attitude of State Police of Delhi and Gurgaon reflecting the possible collusion with the affluent builder having capacity to influence at all levels. (ANNEXURE-27)

 

E.     The aforesaid accused, are expected to appear in trails in DMIC, Gurgaon Court once the trial begins. Court Trails are yet to be decided after submission of a weakest charge sheet by Gurgaon Police before Hon’ble High Court on 02.11.2015 against the large scale fraudster company M/s Adel Landmarks Ltd.

 

F.    Further, SIT set by Gurgaon Police consisting of 4 members of SI and ASI level of Gurgaon Police as revealed before Hon’ble High Court of Chandigarh to investigate the matter of M/s Adel Landmarks Ltd. is insignificant step by Gurgaon Police to conduct an inquiry about a fraud in the tune of Rs. 10,000 Crores

 

G.    Justice Jawant Singh during hearing on 03.09.15 ordered to constitute a grievance redressal committee under DC, Gurgaon for such investors. As per order, “The committee shall examine the order of preference of refund of amount and shall ensure timely payment of refund amount along with interest and its consequent disbursement. The State Counsel to apprise the Court regarding constitution of such committee on the next date of hearing. Let these petitions be fixed for further hearing on 17.09.2015.” (ANNEXURE-28). However, on 17.09.2015 such formation of committee was suspended by Justice M. M. S. Bedi without in written order

 

H.    Gurgaon Session Court of Justice Phalit Sharma ordered “CIS No. BA/1512/2015” dated 30.07.2015 (ANNEXURE-29) an investigations, which specify explicitly that, “Conduct of investigating Office SI Devender SINGH, No. 153 of EOW cell, Gurgaon, who for reasons best known to him, did not mention about pendency of many cases against the applicant accused, in his reply to bail application submitted on dated 27.08.2015, which fact he has disclosed today on being questioned by this court. ~ The cause of concealment of vital information on his part is required to be probed into, in detail by the Commissioner of Police, Gurgaon. So that the investigating officer, if he had intentionally concealed the fact, is taken to task.”

Despite that IO Devender Singh was not removed from the task till 28-Oct-15 (Exact 2 months afterwards), whereas, RTI reply from states (ANNEXURE-30) investigations against him as directed by court was assigned to his Junior ASI only. Further report of such investigation shall never come out as expected.   

 

 

Prayer: -

 

The undersigned petitioners would hereby pray before your Honour, that

 

1.     An investigation SIT should be formed consisting CBI / Enforcement Directorate / Deputy Commissioner of Gurgaon, Officials, and current investigations carried by SIT formed by Commissioner of Police, Gurgaon should be dissolved to check ground realities of habitual and proclaimed offenders, in light of numerous illegal acts committed by them and enormity of their offence, and justice maybe given to many innocent buyers, including undersigned, who are ultimate sufferers and have been left to bear the pain and consequences of illegal acts committed by said accused.

 

2.     Form a Single Window Solutions for all real estate regulations and approvals, where all applications related to Building License, Building Layout, Environment Approval, Fire Fighting approvals, Mining Approvals, Aviation Approvals and other miscellaneous approvals should be taken and granted. To avoid direct interaction of public department with individual applicant so that possible influence and exchange of monetary benefits could be avoided and applications are processed on merit and in compliance to rules and checklist. While doing this, it must be ensured that without necessary approvals in place, no Builder should be able to collect public monies and any violation ought to be dealt severely.

 

3.     Existing Offenders like M/s Adel Landmarks must not be regularized and compounded for their violations at the behest of Town of Country Planning Department and a punitive action should be taken against them by barring them for next 10 years from doing any business or till all pending matters are resolved, to set an environment of trust in the system and regular development of infrastructure of states. Pinpoint the onus and responsibilities of state departments and officials, non-compliance of the rules and regulations must attract not only monetary but criminal punishment inflicted on such officials for gross violations of act in particular.

 

4.     Enforce Refund by M/s Adel/builders for monies illegally collected and signing of Builder Buyers Agreements afterwards by keeping innocent buyers of house in dark about the project land, license and encumbrance details. Such refunds must be enforced @existing corporate compound interest rate and additional 12% PA as penalty along with principal amount from such builder to aggrieved buyers.

 

 

(Sorubh Maggo)

M: 09910153069

 

List of all Petitioners Placed

 

 

Copy To: For kind information to

 

1)   Mr. Manohar Lal Khattar

(Chief Minister of Haryana)

Special Senior Secretary to Chief Minister,

4th Floor, Civil Secretariat, Sector 1,

Chandigarh

Phone (Office) - 0172-2749396/2749409

 

2)   Sh. Karnal Singh, IPS

(Director)

Enforcement Directorate
6th Floor , Lok Nayak Bhawan
Khan Market, New Delhi – 110 003
Phone: 24611989, 24692055

 

3)   Sh. T.L. Satyaprakash, IAS

(Deputy Commissioner, Chief Vigilance Officer, Gurgaon)

IIIrd Floor Mini Secretariat,

Old Gurgaon, Gurgaon

Near Rajiv Chowk

 

Phone No: 0124-2329988, 0124-286930

Mobile no: 9999981801

 

4)   Sh. Yash pal Singhal (IPS)

Director General of Police, Haryana
Police Headquarters, Sector – 6,
Panchkula, Haryana-134109

 

5)   Shri Navdeep Singh Virk, IPS,

Commissioner of Police, Gurgaon.

Sohna Road, Gurgaon, Haryana