[Resolved]  Omaxe — DELAY IN POSSESSION WITHOUT PROVIDING REASONS

Possession of my above flat: As per agreement Dt. 24th March 2007 with Omaxe I am supposed to get possession of my flat in March 2010 but till today I am yet to receive the possession, neither I have received any information as to the cause of delay. I have called up customer care center of Omaxe and also written E-Mails several times over this last 3 and half years and everytime I have been told that the possession of the flat will be handed over in the next three-four months, No reasons for delay has ever been specified by Omaxe. I have not been paid any penalty for the delay in possession which is supposed to be paid by Omaxe as per clause 27(e) of the agreement Dt. 24th March 2007. As per the replies I have received from Omaxe the same will be paid in full at the time of possession of the flat. I am unwilling to accept this as (1) The agreement nowhere says that the amount will be paid after the possession (2) There is an abnormal delay on the part of Omaxe and that also without reasons. In this situation it is the moral responsibility of Omaxe to atleast compensate the buyer instead of holding on the same.

Excess EDC charged by Omaxe: The company has charged excess EDC from its clients and has collected the entire amount from me. The excess amount charged is payable to me but the same is not paid to me till now. I have written to Omaxe also about the same but nothing concrete has been replied by Omaxe. I understand the same has been refunded to some of its clients then why it has not been refunded to me. It is wrong on the part of Omaxe to first collect excess tax (EDC) AND then second not refund also when Omaxe has already received the refund from the authority. I have been informed by Omaxe that the tax will be refunded at the time of possession of the flat which is not acceptable to me. Omaxe at the time of payment has not given me a single day relief for payment of such extra EDC. Therefore how can it now ask time to refund the amount excess collected by it.

Preferential location charges for Green Park/Swimming Pool facing apartments: I have paid PLC @ Rs. 100 per square feet. In one of my recent visit to the project I did not find any swimming pool nor a green park in front of the apartment. Please let me know whether green park will be there at the time of possession or else I request for refund of such amount charged in violation of the contract.