[Resolved]  Omaxe Group — Cheated by Omaxe Group for the projects which has been delayed from more than 7 years

Address:

New Delhi, Delhi

Dear Sir/Madam I had applied in your projects at Omaxe Connaught Place (Greater Noida), Omaxe Plaza (Ludhiana), Omaxe Novelty Mall (Amritsar) & Omaxe Sarv (Agra) in the year 2006 dtd[protected] along with a initial payment of Rs.787229/= paid vide cheque of BOI No. 400355, 400353, 400355 &406534. 2nd Installment of amount Rs. 1529074/- I have paid according to the demand on dtd. 05.03.2007 vide BOI Cheque No’s 275843, 275842, 275862 & 275863. Total amount paid Rs. 2316303/- Sir/ Madam since from that date to till 2009 I have been visiting to your office and for pursuing progress of our booked projects. I regret to say that in spite of my several visits, I have never been able to understand/ know the actual state of construction. In fact in between once or twice I have received the demand letters against the same . But construction update was not traceable, whenever I tried to approach to your office for the progress of construction and delivery of projects. Every time I was given fake and conflicting information. I had Invested in to your projects for mine Mens Wear Band Outlet “Denis Parkar “ on your assurances that the allotment shall be made within three (3) years. But, after making the payment of aforesaid booking amount I did not get any information regarding the construction update and delivery of projects. Now few days back I came to know that two of your projects are still under construction (Greater Noida & Amritsar ) & two of projects got operational in last year ( Ludhiana & Agra ). I want to states that nobody in the Omaxe group tried to inform me except collecting payments, after taking the initial instalments did not pay any heed to inform me regarding the updates of these projects. I accept that once or twice I received the demand letters from your group without construction updates and any delivery assurance but after some time it also stopped. I made several visits and enquiries with your office and the project site to enquire about the reasons for the slow progress, which were never attended too seriously . Every time only evasive and misleading replies and false assurances were given by Omaxe peoples. As there was no formal agreement between the Buyer and Builder for the liability to deliver the booked project on time this is the reason that still two of projects are under construction. Sir, I had made the payment of Rs.2316303/- from mine hard earned money which you should return to me with interest for the delay in to your projects. It is significant to state that we had invested in to your projects with full enthusiasm and expectation that on time we will get our booked projects, we shall have our Brand Outlet in these projects, Keeping that in view, we earnestly paid the amount Rs. 2316303.00. It was not mine intention to stop the payment for the demand raised ; however, our obligation to make payment was linked with your obligation to achieve progress in a manner so as to achieve full completion within a period. I cannot be expected to keep making payment without reciprocity at your end. In such circumstances, the payment given to you without considering a long delay to deliver the aforesaid projects from your part which has caused immense losses to me has no basis, either in fact or in law. On the contrary, you are in default of your contractual obligations and are liable for all the compensation/damages as are being constantly incurred by me in terms of heavy burden of interest for the amount paid to you and payment liability implicated on me and I would not allow you to take undue advantage of the situation merely because you are the builder and also the drafter of the lopsided Contract. It is therefore requested in your interest that refund mine paid amount deducting and also compensate me for the losses caused to me with the interest of 7 years otherwise I shall have no option other than to seek appropriate remedy under the law for the protection of my rights and you shall be liable for all the risks, consequences and costs thereof. If need any query feel free to revert back. Thanks & Regards Manoj Gupta [protected]