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[Resolved]  surya builder — socity formation and deficient services

HI
m/s surya builder Office No 9 Kohinur Plaza, Khadki, Pune - 411003 has given deficient services regarding the following:

1) Delivered a poor quality construction.

2)Builder has sale the free parking space within the compound / complex.

3) Did not form co-operative housing society and handed it over to its members.

4) Did not provide Drinking water facility.

5) Did not provide Temple which was given in their sales broucher.

6) Genrator backup for lift yet not started he has given
lower capability genarator what actully required for lift.so any
time that genrator can blast.

8) Builder has sale the open parking space to flat owner, which
pcmc has declared as open space for parking still fencing is their
for flat owner as if that property belongs to them.

9)internal road is in bad codition.

10)Did not provide borewell facility.

11)individual flat owners problem yet not solved.

12)complition they have got in month of march 2008
still socity has not formed.

13)maintanace in building is poor ...

14)people facing lot of problem in daily routine basis and affecting their health .
regards
Devendra zanjal
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Aug 14, 2020
Complaint marked as Resolved 
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Flat Construction — Deficient Services of Builder

Name & address of complainants: Rakesh Kumar s/o Shri. J.P Gupta r/o G-013, 66 IP Extension, Agarsen Appts, Patparganj, Delhi 110092

versus

Name & address of opposite party M/s OMAXE BUILDHOME PVT.LTD., ( herein after referred as Omaxe ), OMAXE HOUSE, 10, L.S.C, Kalakaji, Delhi 110019

I, the above named complainant respectfully state before the Hon'ble Forum the complaint as follows:

1.) On 19/09/2006, I paid Rs 6, 40, 000/- vide Chq. 077972, dtd. 19/09/2006 drawn on Federal Bank, Delhi as advance towards pre launch money for the flat at Gr. Noida to Omaxe when the project was pre launched in Aug-Sept 2006.

The money was paid through a broker at my above said residence G-013, 66 IP Extn., Agarsen Appts., Patparganj, Delhi 110092 on 19/09/2006.

The said payment was made and accepted by Omaxe without my signing any application form/ brochure
and at the time of payment no document informing me the total price, schedule of payment and completion of flat was given or shown to me.

The said payment was acknowledged by Omaxe vide their Receipt No. 8844655 dtd. 7/10/2006.

2.) Omaxe informed on pre launch that the project will start within reasonable time period i.e. 6 months.

So I applied for loan and got it sanctioned from HDFC vide there letter dated 5/12/2006. I paid Rs. 5712/- towards the processing fees.

3.) On 21/9/2007 I received letter from Omaxe stating that I have been allotted flat. But no terms and conditions to allotment were received.

The allotment letter received from Omaxe had the following deficiencies :

i) didn’t mention/specify the total price of flat and the schedule of payment
ii) didn’t mention the terms and conditions of allotment
iii) didn’t specify the date of completion of flat and date of delivery to me
iv) didn’t specify as to who shall be required to pay the additional escalation costs
v) didn’t mention the terms & conditions of with drawl and deductions thereon

I sent repeated reminders to Omaxe for the terms and conditions of allotment but I never received.

4..) On 1/11/2007, 17/03/2008 & 22/03/2008 sent reminders to Omaxe for terms and conditions of allotment but didn’t received.

5.) On 4/07/2008 I received letter from Omaxe with application form for flat booking.

This letter mentioned the total price and demanded further Rs 4, 54, 375/- to be paid by 23/7/2008 otherwise penal interest will be charged @18% p.a.

This letter received from Omaxe had the following deficiencies :




i) didn’t mention the terms and conditions of allotment
ii) didn’t specify the date of completion of flat and date of delivery to me
iii) didn’t specify as to who shall be required to pay the additional escalation costs
iv) didn’t mention the terms & conditions of with drawl and deductions thereon
v) unreasonable and unfair price was charged as compared to the market price

On receipt of the said letter when I approached the HDFC, they refused saying that this OMAXE project is not approved. The other banks also refused for the same reason.

6.) On 17/7/2008 I informed my decision to Omaxe ( by email and speed post ) that I ‘ll not sign the application form as their allotment has the above mentioned deficiencies. And asked them to refund my due money.

7.) On 23/07/2008 Omaxe emailed me affidavit form asking me to sign undertaking that I had executed with them allotment terms and conditions and application form.

I refused to sign and send this affidavit as it’s incorrect since I never signed any application form/allotment agreement.

8.) I find myself much harassed by Omaxe as inspite of my repeated reminders and requests they have not returned me my money dues.
I fully agree they are harrasing the investor

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