OMAXE LTD - NON DELIVERY & EXTRA ORDINARY DELAY OF POSSESSION OF FLAT BY OMAXE LTD.
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Complaint by: MIDLAND on February 10, 2013, 8:45 am in Building and Construction

Please refer to your letter No: BHF/536 dated 13th October 2011 on aforesaid subject.

Please note that the contents of your letter dated above are BASE LESS contrary to facts and not true & smack mala-fide intention.

As per the scheme and allotment letter & agreement deed all our payments are aligned to construction stage. Still we have paid you the sum of Rs.1915250/- till august 20th 2008 although you did not carry out construction as committed. However, in spite of our numerous letters and reminders you have not responded even once to address the core issue.

We have not been informed so far when the possession of our flat will be handed over. Although it is now more then 3 years that aforesaid payment was made to you.

Since then till today our letter not been replied and ignored. On30th June and earlier our problem was also telecasted in program of CNBC AWAZ along with our interview. In that reference through SHRI SIDDHARTH (PR OFFICER)we have received a communication from CNBC that you have accepted the delay in construction in handing over the flat and have agreed to compensate for delay at your level. We are surprised at the letter now received which is contrary to facts is being sent to harass and exploit a lady buyer of a small town. Misleading and false communication ignoring the facts in present situation reflects your mala-fide intention to exploit us and complicate the issue. On what logic, basis & legality can you charge interest to us when you have delayed the project & not kept your commitment as per schedule.

Continuously you are ignoring the real issue of delay at your level in the project and instead wrongfully and illegally you are demanding interest from us. Please note that if we produce your letters in Consumer Court or with CCI it will create problems for lack of transparency, harassment & delay/negligence at your level.

Therefore once again, as a reputed builder in your business interest we request you to withdraw your illegal letter and settle the dues along with compensation for delay in project with firm commitment for handing over the actual possession. Please send us a certificate from authorized/ approved agency for the actual stage of construction now & LIKELY TIME YOU WILL TAKE FOR HANDING OVER POSSESSION.

If we now receive any irrelevant letters as referred above ignoring our letters stating facts then we shall be compelled for legal action for which you shall be fully responsible.

THANK YOU.

YOURS SINCERELY

KUMKUM SINGHAL

W/O ANUP SINGHAL,

MEERUT.

DEAR SIR,

THIS IS TO INFORM THAT AT THE TIME OF YOUR LAUNCH OF PROJECT IN BAHADURGARH WITH BOOKING AMOUNT OF RS 453750/-IN 2006, WE HAD APPLIED FOR A FLAT IN SCHEME AS ABOVE ALONG WITH TOTAL ADVANCE PAYMENT OF RS. 1915250/-( Please find below details for the same).

Cheque No.


Dated


Amount Paid

946021


2-Apr-06


253750

946022


10-Apr-06


200000

53775


11-Feb-08


400000

559623


20-Apr-08


400000

53790


20-May-08


350000

53797


20th August 08


311500

Total Amount Paid


1915250



THE BASIC SALE PRICE AT THE TIME OF ALLOTMENT WAS INFORMED VIDE LETTER NO.OL/BHF/536/O7-O8 DT. 7TH SEPT 2007 WAS 1815000/= WHICH WAS SUBSEQUENTLY REVISED VIDE LETTER NO. DT 12TH SEPT 2007 TO RS 1922250/=.

SINCE WE HAD AGREED FOR CONSTRUCTION LINKED PAYMENT AS PER YOUR DEMAND LETTERS WE SUBSEQUENTLY DEPOSITED TILL AUG 2008 ALMOST YOUR ENTIRE BASIC SALE PRICE RS 1915000/= AS PER RECEPTS ISSUED BY YOUR OFFICE & DETAIL BELOW. HOWEVER, WHEN WE VISITED THE SIGHT WE FOUND THAT THE CONSTRUCTION WAS NOT CARRIED OUT ALTHOUGH ENTIRE BSP WAS PAID BY US. WHEN WE APPROACHED YOUR OFFICE ABOUT STATE OF AFFAIRS REG OUR FLAT FIRSTLY NO ONE WAS READY TO ATTEND TO US & GIVE SATISFACTORY REPLY & AFTER OUR HECTIC PERSUANCE IT WAS INFORMED THAT DUE TO RECESSION & SLOWDOWN OF ECONOMY THE PROJECT HAS GOT DELAYED.

OUR ENUMEROUS LETTERS (COPY ENCLOSED)THAT WERE EVEN ADDRESSED TO YOUWRE NOT RESPONDED & WITH GREAT FOLLOW UP WHAT EVER REPLY WE GOT WAS VAGUE & IRRELEVENT. OUR EFFORT TO GET A CERTIFICATE FOR ACTUAL STAGE OF CONSTRUCTION ALSO DID NOT SUCCED. WE ALSO VISITED SIGHT IN 2009 & 2010 & FOUND WHEN NO PROGRESS IN CONSTRUCTION IN OUR TOWER. ALSO AS A NEW BUYER I WENT TO YOUR SALES OFFICE TO FIND THAT THEY WERE OFFERRING FLATS IN SOME OTHER PRECEEDING TOWERS AT A DISCOUNTED PRICE THEN OUR ALLOTTED PRICE. WE HAVE YOUR MAILS ALSO.IN OUR TOWER THEY WERE NOT ABLE TO OFFER FLAT AS THE WORK WAS HELD UP FOR OBVIOUS REASONS.

SINCE THEN FOR LAST OVER THREE YEARS OUR PRECIOUS FUNDS ARE BLOCKED W/O TILL DATE ANY PROGRESS & ACTION FOR ALLOTMENT /POSSESSION TO US IS SO FAR IN COMPLETE AMBIGUITY.

IN THE CIRCUMSTANCES WE AGAIN APPEAL TO YOU TO LOOK INTO GRAVE PROBLEM & IRREGULARITY BEING PERPETRATED BY YOU TO NEEDY SMALL TOWN LADY INVESTOR LOOKING FOR A HOUSING FROM A BIG ORGANISATION LIKE YOURS (ASSURING THE BUYER OF ITS INTEGERITY & COMMITMENT).

WE ALSO EXPRESS OUR ANGUISH & HARRASSMENT WHICH YOUR ORGANISATION HAS IMPLICATED ON US TO BE STOPPED FAILING WHICH WE SHALL BE FORCED TO LODGE COMPLAINTS & RECOURSE TO LEGAL REMEDIES FOR WHICH YOU WILL BE SQAURELY RESPONSIBLE.

PLEASE INFORM & CONFIRM WHEN DELIVERY & POSSESSION OF FLAT IS SCHEDULED AND YOUR PROCESS BY WHICH OUR COMPENSATION FOR DELAY IN THE PROJECT SHALL BE REIMBURSED.

PLEASE TAKE THIS MAIL VERY SERIOUSLY AND SEND US COMPLETE INFORMATION AND DETAILS AT ONE GO ONLY. IN CASE OF ANY MISLEAD AMBIGIOUS BITS & PARTS INFORMATION YOU WILL BE CRIMINALLY RESPONSIBLE FOR FURTHER CONSEQUENCES.

AWAITING YOUR EARLY ACTION.

KUMKUM SINGHAL

W/O Shri. Anup Singhal

Anand Bhawan,

New Prem Puri,

Railway Road

Meerut City-250002

Mobile No:+********6043

Complainant's Goal: I WANT POSSESSION OF MY FLAT NO 102 WITH JUST & FAIR SETTLEMENT OF ACCOUNT & REG
Complainant's Target: OMAXE LTD
Complaint Location: India
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