[Resolved]  Plot Of Omaxe Ltd — No interest on delay possession

Address:

Jaipur, Rajasthan

27 Sep, 2010

To,
Director
Omaxe Ltd
302-303, Crystal Mall
Sawai Jai Singh Highway
Jaipur – 302016


CORRECTION IN STATEMENT OF ACCOUNTS


1. Reference is made to my discussions with Mr Manu Kaushik and Mr Anil Kumar on 27 Sep 10 with respect to correction in final statement of accounts. This is to inform you that I have applied for a plot measuring 300 yds in your Omaxe City Jaipur project on 12 Jan 2005.

2. All the payments against the plot were made well in time even before the development could finish in the area. Still I was allotted the plot in Phase – II No 1186 for the reason best known to company. As per advance registration terms and conditions signed on 12 Jan 05 and were subsequently accepted at your end, It was agreed that -

“ In the event your intimation about availability of Plot is made to me after 6 months a simple interest @ 10% p.a. shall be paid to me for the period beyond 6 months on the amount paid by me up to the date the said offer of allotment is made in the confirmed project.”

3. Keeping the above-mentioned criteria and the interest on following amount stand to be paid by you and need to be corrected in the final letter of statement of account issued by you dated 31 Aug 10.

Time Date Amount paid Interest Due up to Interest
after Six month @10%


(a) On Booking 12 Jan 05 Rs 2,25000/- 13 Jul 05 10 Oct 06 28,125/-

(b) First Inst 26 Oct 05 Rs 1,32,158 27 Apr 06 10 Oct 06 5800/-

TOTAL INTEREST 33925/-

4. As per terms and conditions of allotment letter signed by both parties on 20 Jun 10, the project was planned to be completed within 2 yrs, extendable upto 6 months. But eventually after 4 yrs on 05 Sep 10, a letter was received from your end to take over the possession of the plot. Once an amount of 95% was paid by 15 Sep 08. The next plan was to take over the possession after 3 months after paying balance of 5 % amount. Which could not happen due to no development in the area and an amount of Rs 10, 04,750 was held by you without assigning any reason. As per terms of agreement in case of default in payment the interest charged by you is 18% for the first month and 24% for the subsequent period of delay and for allottee is at the basic rate of 10 % interest on the delay in handing over the project as enumerated below -

Amount Date Total Amount Interest Due up to Interest
paid after 2-1/2 yrs @10%


(a) 95% paid 15 Sep 08 Rs10,04,750/- 11Apr 09 31 Aug 10 1,25,593/-


TOTAL INTEREST 1,25,593/-

5. So you are requested to credit a total interest of 33,925 + 1,25,593 = Rs 1,59,518/- in your last statement of accounts - as such a large amount was blocked at your end for such a long time.

6. My previous cheque despatched to you on 15 Sep 10 of Rs 98,264/- dt 20 Sep 10 may please be returned. It is only after receiving the correct final statement of account will it be possible to make final payment and take possession of plot no 1186.

7. Presently I am undertaking a service course at CAW, it may not be possible to me to visit your location due to service exigencies. Still I will take leave and visit the site only on getting confirmation from your end to further confirm on the development in the area where you have allotted me the plot. Hope you settle the above-mentioned issues at the earliest so that the visit goes fruitful and not mere wastage of time and effort.
8. I request you to confirm the development work execution within the Omaxe city as per as per the terms and conditions of the seller- Buyer agreement for the Facilities & Amenities. To be legally right, Kindly forward the satisfactory completion certificate of the project cleared by Municipal corporation as per approved plan /map.
9. If all facilities and amenities of the project go well then I would like to take over the possession of the plot and allotment of patta from JDA. Hope that we are able to resolve the issue at the earliest without taking it to higher authorities and consumer courts. Request provide feedback on my e mail address mentioned above at the earliest.
10. Thanking you
SS Sirohi