Omaxe Complaints & Reviews

I booked plot 5 years ago with Omaxe builder thinking they are know reputed builder so I invested in Omaxe Sonepat project and paid 50% advance in march,2005 by putting my entire saving and taken loan from bank, but till date neither they update me on the status, just says wait for another 2-3 months with this 5 years passed. Do let me know who can help me in getting solution....

I deposited 10 lacs as a booking amount for a flat in the prelaunch of sec 112 in noida in may2007.
The company could not get appropriate permissions from the govt and had to scrape the project. But they are not making us any refund of that money. I have been calling them almost everyday and they are just making excuses. I live in california. Is there any higher authority who I can complain against them.
Thanks

Hello,

I had made a booking with Omaxe Ltd. in May 2007 for a flat that was to be provided in 2.5 years Earlier this year, Omaxe executives started approaching with plans to move the booking to some other project as the original project was getting delayed.
By April 2009, it was acknowledged that Omaxe does not have the necessary approvals to go ahead with the project. But when I approached them for refund, they are not willing to entertain any request for refunds.
After lots of escalations, was able to submit the request for refund but it has been 3 months and still there is no sign of my refund. Once again, they are not responding to emails as well.

Any idea, how should one proceed?

Thanks,
Piyush

I have booked a flat in the project named omaxe heights, gomti nagar, lucknow. following complaints are
submitted but no action has been taken .

1. The super area booked was 1532 sq ft but now they are asking money for 1577 sq ft super area even the flat build up area is not increased by even a feet.

2. The building is not constructed as per national building code 2005

3. They promised piped gas line now they not providing it & not reducing any money for above.

4. They promised POP cornices in all rooms but they are not providing it neither they are reducing money
for the same.
5. They are not providing the construction delay compensation as agreed in there agreement clause 27(d)

6. They are not providing covered parking for next 6 months after possession but they are charging for the
same now.
7. The behavior of Lucknow commercial manager Mr. Kishore Goel is very rude & non cooperative

sir, i purchased a showroom in the wedding mall patiala punjab from omaxe ltd.,they promised me for regularly monthely income for nine years. but now since two months they stopped my monthely return after fitout period .i called many times to their office bearers but they didnot any satisfectory answer,sir ,please help me to regulise the monthly return
thanks
sanjay chhabra
chairman hansali buildwell pvt.ltd
c/o chhabra hospital satnam pura
phagwara punjab
ph.[protected],[protected]

I had booked a Flat with Omaxe as per details below:

Name of Scheme: "Omaxe Parkwood" Baddi, Himachal Pradesh

Name : Anuj Tyagi S/o Sh. Sehdev Tyagi
Unit No. 321 Block : Jacaranda-B
Area : 66.24 Sq.Mtr

Date of Agreement: 27th August 2007.

I have paid approx. 90% of the total value i.e. Rs. 8,15,000/- on 3rd September 2007.
Company was supposed to complete the construction of above said property within 18 months from the date of agreement.

It is very shocking to learn that till date the construction work for above property has not even started and I am paying a monthly interest of Rs. 16,000/- to the bank for no fault of mine.

Repeated requests to the builder have failed to draw any conclusion or information.

KINDLY HELP!!!!

It is almost 4 years now when I invested around 5 lakhs rupees in Omaxe heights bhiwadi. I even got the allotment letter as well. However, I have come to know that Omaxe has done nothing in this project and has no plans to even start it yet. When I contacted their customer care for refund of my money with due interest, they are telling me that money will not be refunded but they can transfer my investment to some other location.
br...

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - X
MEHRAULI, NEW DELHI
IN RE:

SHRI SUMIT ANEJA ...COMPLAINANT

VERSUS

M/S OMAXE CONSTRUCTION LIMITED ...OPPOSITE PARTY


Written submissions on behalf of complainant

1. That the complaint on the basis of the advertisement, catalogue / brochure and the web site of the opposite party company applied for a shop having area 240 sq. ft. at the rate of 3950 per sq. ft. with a total - tentative cost of Rs. 94, 8000/- in their project Omaxe Arcade, Greater Noida Distt. Gautam Budh Nagar, U. P. through their authorized dealer vide his application dated 30.03.2003. The opposite made a demand of 10% amount of the price of. the said shop as the booking amount. As per their demand the complainant paid Rs. 94, 8000/- (Rs. Ninety four thousand eight hundred only) vide the cheque no. 690312, the receipt of which was duly acknowledged by the opposite party vide its receipt no. 3277 dated 01.04.2003.The copy of the receipt has been exhibited as Ex.-C1.

2. That subsequently the opposite party issued 'ALLOTMENT CUM CALL LETTER' dated 06.06.2003 along with the Price List and the Payment Plan and demanded another installment of Rs. 94, 800/- (Rs. Ninety four thousand eight hundred only). The copy of the allotment letter along with the Price List and the Payment Letter has been exhibited as Ex.-C 2. As per their demand I paid Rs. 94, 800/- (Rs. Ninety four thousand eight hundred only) vide cheque no. 690316, the receipt of the payment had been duly acknowledge vide receipt no. 4266 dated 28.06.2003. The copy of the receipt has been exhibited as Ex. - C 3.

3. That as per the agreement dated 01.09.2003 which contained the terms and conditions of the allotment. The payment plan envisaged in the terms and conditions of the said agreement for which the complainant had opted for, was the Plan B where by the complainant had to pay the construction linked interest free installments as per the completion of different phases of construction with in the said premises. The copy of said terms and conditions has been exhibited as Ex. - C 4. Before submitting the application by the complainant he was informed by the opposite party that the prices are inclusive of external development charges, common facilities charges. Further the prices are firm/escalation free and the complex/Omaxe Arcade . where the shop has been booked is AC block.
The complainant had opted construction linked payment plan.

The booking of the said shop was done as per the advertisement in 'the Web Site and through the dealer of the O.P. and it was clearly mentioned in the Web Site that the prices quoted for the shop were of AC Block. The print of this Web page has been exhibited as Ex -C5.

4. That the actual area of the said shop had been app. 150 sq. ft. whereas as per the plan the opposite party had been charging for the super area of app. 240 sq. ft. Therefore, as the complainant had been paying for the development in the complex for the super area, he had been concerned with the constructional developments in and around his shop for the purpose of making the payment of the construction linked installments. as per the clause 2A of the Agreement dated 01.09.2003, it is clearly mentioned that the shop no.14 (U.G.) having a basis cost of Rs. 9, 48, 000/- is having appox. Super Area of 240 sq. feet which includes the covered area including walls, cupboards, window projections, balconies, plus area under common passage, stair case and mumtty etc. i.e. it is the Super Area.

It is pertinent to mention here that had the complainant been concerned with internal development of shop only, he would have made to pay only for the inner area of the shop only which has been appox. 150 sq. feet only. But as per the Agreement, the liability of the complainant w.r.t. the deal has been fixed for appox. 240 sq. feet, i.e. to say that it is the Super Area for which the complainant is making the payment. Therefore, the liability of the complainant, as per Agreement should have been related to the construction and development of the Super Area.

5. That it is pertinent to mention here that from time to time, the opposite party kept on demanding the installments which the complainant in the good faith paid initially. Later on when the complainant visited the site, he was shocking surprised to find that the phase of construction which the installment had been demanded by the opposite party either has not been completed or some times rather it had not started yet. When the complainant pointed out this fact to the site party, they on sudden occasions issued the fresh payment plan.

The opposite party had been regularly following the malpractice of demanding the construction linked installments without completing the said construction, which is quite evident from the fact that the O.P. had generated a demand letter dated 16.12-2004 on account of 3 installments for which the construction had yet to be completed, as per the details given below:-


1. On completion of flooring = RS 94800
2. On completion of internal plaster =RS 94800
3. On completion of internal electric and
Plumbing works =RS 71000
Total Rs. 2, 60, 700/-
The copy of the said demand letter is exhibited as Ex - C6.

When the complainant visited the site, it was found that the work of flooring and electric / plumbing work had not been completed and mails dated 18.12.2004 and 30.12.2004 had been sent to the opposite party. The copy of the said mails have been exhibited as Ex - C7 & C8. In response to the said mail, the O.P. had sent a revised demand letter dated 03.01.2005 and as per that the following demands had been made:-

1. Internal plaster = Rs. 94800
2. Internal electric / plumbing works = Rs. 94800
3. External finish = Rs 71000

Total = Rs. 2, 60, 700/-

The copy of the said demand letter has been exhibited as Ex - C9.
Again on 05.01.2005 the O.P. had sent another demand letter vide e-mail wherein it had been informed that only two installments amounting to Rs. 1, 89, 600/- were due for the works mentioned here den-
Internal plaster = RS 94800
Internal electric / plumbing works = RS 94800
Total = RS 1, 89, 600/-

The copy of the said demand letter has been exhibited as Ex - C10.

On receipt of the demand letter dated 05.01.2005, again the complainant visited the site on 09.01.2005 and found that electric work had not been completed and rather the plumbing work had not yet being started which was duly confirmed by the site supervisor Shri Arun for the reason that the location plan of the toilets etc. had been reallocated. An e-mail with regard to this had been sent to the O.P. on 10.01.2005, mentioning all these facts and request for reversal of the demand letter. The copy of the said mail has been exhibited as Ex - C11. along with photographs

In another instance the O.P. vide letter dated 17.06.2005 had mentioned that on the request of the customers, the O.P. is not providing the flooring for the shops and had offered a rebate of Rs. 40 per sq. ft. The copy of the said letter has been exhibited as Ex - C12. It is pertinent to mention here that the O.P. vide demand letter dated 16.12.2004 had previously demanded the installment for the completion of flooring. The copy of the said letter has been exhibited as Ex-C13.

The aforementioned instances clearly establish the malafide, arbitrary unlawful attitude and functioning against the terms and conditions of the Agreement of the O.P. and it has definitely led to the deficiency of service on the part of the O.P.

6. That as per the initial plan the super area of the shop had been given as 240 sq. ft. whereas subsequently vide its letter dated 21.06.2005, the actual super area of the shop had been 235.69 sq. ft. The copy of the said letter has been exhibited as Ex - C14. But fraudulently and with malafide intentions in the final demand the opposite party had demanded the price for 238.53 sq. ft.

The O.P vide letter dated 21.06.2005 had confirmed that on the building, the actual Super Area of the shop had q. ft. instead of 240 sq. ft. and had also informed that entire amount of Rs. 17, 024.50/- paid by the complainant shall be adjusted while making the final payment at the time of actual possession.

Subsequently the' O.P. had mentioned the final Super Area to be 238.53 sq. ft. It is beyond explanation that once the Super Area of on completion of the building has been measured to be 235.6 sq. ft., how the same became 238.53 sq. ft.
The aforementioned submissions again establish the malafide and unlawful designs of the O.P.
7. That as Per the terms and conditions the complainant was not liable to make any payment for EEC and FFEC charges whereas in the final demand letter dated 05.07.2006 the complainant was asked to pay Rs. 29, 816.25/- under these heads also which is absolutely illegal, illogical and arbitrary which shows the malafide intentions and illegal designs of the opposite party. The copy of the said letter has been exhibited as Ex - C15.
8. .That as per the terms and conditions the opposite party was to hand over the possession of the completed shop with in 24 months of the letter of allotment, failing which the opposite party was bound to pay the penalty @ 5/- sq. ft. month.

The complainant had already paid the full amount to the O.P., yet the O.P. has failed to handover the possession. It is also pertinent to mention here that the O.P. has not till date supplied the copy of completion certificate issued by the competent authority. The issuance of the completion certificate is very essential before taking over the possession. Further, the O.P. is sending undue maintenance charges to the complainant which would have been due only after the actual completion of the project and handing over of the possession.

9. That as per the demand of the opposite party, vide demand letters dated, 17.09.2003 (for two installments, of Rs. 94, 800/- each), dated .19.05.2004 (for one installment of Rs. 94, 800/-) and dated 19.07.2004 (for one installment of Rs. 94, 800/-). The payments for the above mentioned installments so demanded were paid by the complainant vide cheque nos. 030602, 151019, 532297 dated 27.09.2003, 05.05.2004 and 29.07.2004 amount Rs. 1, 89, 600/-, 94, 800/- and 94, 800/- respectively. The copies of the said demand letter and the copies of the receipts have been exhibited as Ex - C16.

10. That after making payment of Rs. 5, 68, 800/- to the opposite party i.e. sixty percent of the tentative cost of the shop. The complainant on 08.08.2004 went to the site of construction to see the progress of work. At the site of construction on enquiry from one of the supervisors the complainant first time came to know that the complex Omaxe Arcade is not an A.C. block. The complainant again checked the web site of the co. Of Omaxe Arcade and it was confirmed that the shop booked under this complex is A.C. one and the prices being charged/paid are as per A.C. block. The complainant on the same day sent a mail to the opposite party for clarification along with the price list of the complex mentioning the prices as A.C. block. The opposite party instead of sending any clarifications changed the prices from A.C. block to non A.C. block in their web site on 10.08.2004. Same day complainant again sent a mail (copy enclosed) along with the revised/changed web site to the Co. asking for further clarifications. The complainant kept on asking for clarifications but no clarifications were given by the opposite party on this account. Copy Enclosed as exhibited as Ex - C17.

11. That opposite party sent demand letter dated 16.12.2004 under which the payment for further three installments was demanded as per details below:

1.On completion of flooring - 10% of basic price i.e. Rs. 94, 800/-
2. On completion of internal plaster - 10% of basic sale price i.e. Rs- 94, 800/-
3. On completion of internal plumbing and electrical works - 7.5% of . 71, 000/-

Before releasing further payment by the complainant, he visited the site to verify progress of work and was surprised to see that works for which the payment has been demanded have not even started. The complainant sent a mail on 18.12.2004 & 30.12.2004 to the opposite party and talked to Ms. Kajal on telephone. Ms. Kajal confirmed that flooring works have not yet been started and promised that the revised payment plan is being sent. On 05.01.2005 a mail from the customer care (Ms. Kajal) was received wherein she confirmed that only two installments amount to Rs. 1, 89, 600/- are due, which is to be paid by 15.01.2005. Regarding the issue of A.C. block of the„shop the complainant was advised to contact Ms. Sheetal in tel. no. [protected].'- Same day the complainant sent a mail to the customer care that only one installment of Rs. 94, 800/- (on account of completion of internal plaster shall be paid by 15.01.2005, But surprisingly, on 06.01.2005 a demand letter dated 03.01.2005 was received from the co. wherein they had demanded 3 installments i.e. 'on completion of internal plaster (10% of basic sale price - Rs. 94, 800/-, on completion of internal electric and plumbing work (10% of basic sale price - Rs. 94, 800/- and on completion of external finish (7.5% of basic sale price - Rs. 71, 000/-. The complainant again visited the site on 09.01.2005 to see the progress for which the payment have been demanded, but the complainant was surprised to see that the internal electric work was still in progress and the internal plumbing work was not yet even started since the location of toilet blocks have been from the original location as per the site plan shown at the time of booking. The civil works of the toilet block was still in progress so the-question of completion of plumbing does not arise. A mail along with photographs of the site of construction to prove that the payments for which have been demanded are yet to be completed was sent on 10.01.2005 to the opposite party for seeking clarification. However, one installment of Rs 94800/- was released on account of completion of internal plaster 50410 dated 15.01.2005. the copy of the receipt dated 20.01.2005 of the said amount is exhibited as Ex - C18.
However on visit to the site, even the internal plaster was also not found to be completed at some places. Thereupon the complainant wrote a letter to the opposite party complaining therein about the facts to the opposite party along with the The copy of the said letter along with the photographs is exhibited as Ex - C19.


12. That the co. was in a habit of claiming payments before the completion of works which is quite evident from their own letters dated 17.06.2005( EX - C12) wherein they had informed that as per the requests of many customers they are not providing flooring in the shops 23.04.2005 & 25.04.2005 again the complainant sent a mail to the opposite party complaining therein that the opposite party had demanded the installments for the phases of constructions which had not been completed and explaining therein the reasons for with holding the demanded installments. The copy of the said letter and the supporting photographs have been exhibited as E X- C 20

On 26.04.2005 a mail (copy enclosed) was received from the opposite party wherein it was mentioned that they had acknowledged my mail dated 25.04.2005 and informed that they will revert back by 27.04.2005 evening. A reply through mail was received from the opposite party on 03.05.2005. The copy of the mail enclosed as exhibited as Ex - C21, wherein it was mentioned that the status for which the payments have been demanded is pertains to your individual shop only. The payment can not be held back on basis that the same level of activity has not happened in the entire complex as confirmed by your site in-charge the status of your shop no. 14 is completed up to external finish and again requested for the payment. Immediately on receipt of this reply the complainant replied back on 04.05.2002. the copy of the said mail is exhibited as Ex -C22, wherein it was informed that as per the terms of the agreement the payment is to be released after the completion of plumbing works since there is no plumbing work in the shops it is evident that the payment is to be released after the completion of the plumbing works in toilets. Further the internal electric works were not yet completed since the electric switches was still to be provided. It is worthwhile to mention that the complainant is paying for the super area of the shop as such he is concerned about the payments to be released after the completion of the activity at the same level in the entire complex. The super area for which the complainant is paying 240 sq. ft. whereas the actual area of the including walls is nearly 150 sq. ft. from which it is quite evident that the payment amounting to Rs. 3, 50.000/- is being paid on account of common areas/common facilities external development charges etc. On 10.05.2005 a telephonic call was received from Mr. Alok Gupta, Vice President (Commercial) of the co. to whom all the facts were explained, he interim requested that one installment of Rs. 94, 800/-(being 10% of the basic sale price, be released and 2nd installment should be released only after completion of the electric and plumbing A mail to this effect (copy enclosed) was also mailed to Ms. Nisha sareen and Mr. Alok Gupta. The copy of the said mail is as Ex - C23. There was no denial from the O.P.
The O.P was adopting the malpractice of demanding the installments payments without the completion of jobs / work which is quit evident from the demand letters dated 16.12.2004, 03.01.2005 and 5.01.2005 issued within a span of 20 days.

13. That on a letter dated 21.06.2005 (Ex - C14) was received from the opposite party on completion of the building of the said project the actual super area of my shop is 235.69 sq. ft. against 240 sq. ft. as initially booked thereby resulting in decrease in 4.31 sq. ft. in super area and amount of Rs. 17, 024.50/- shall be adjusted with the final payment at the time of handing over of actual possession of the said shop.

14. That as per their demand letter dated 13.07.2005 a revised payment schedule was sent by the opposite party after adjusting the extra amount of Rs. 17, 024.50/- an amount of Rs. 56, 203.56/- may please be paid on account of completion of external finish. Accordingly payment amounting to Rs. 56, 000/- was paid vide cheque no. 504730 dated 04.08.2008. The copy of the said schedule of payment dated 13.07.2005 and the copy of the receipt dated 09.08.2005 of the said payment have been exhibited as Ex. -C24 & Ex -C25 respectively

15. That the opposite party demand letter dated 17.10.2005 was received by the complainant and amount of Rs. 1, 10, 026, 73/- was demanded on account of completion of flooring + 100% additional charges. This amount was paid vide cheque no. 183857 dated 28.10.2005. The copy of the demand letter and the receipt of the payment have been exhibited as Ex - C26 & Ex - C27.

16. That in reply to the contents of para no. 16 of the written statement it is to be submitted that as already submitted in foregoing para, that the O.P vide letter dated 21.06.2005 had confirmed that on completion of the building, the actual Super Area of the shop had been 235.6 sq. ft. instead of 240 sq. ft. and had also informed that entire amount of Rs.17024.50/- paid by the complainant shall be adjusted while making the final payment at the time of actual possession.

Subsequently vide letter dated 05.07.2006 the OP. had mentioned the final Super Area to be 238.53 sq. ft. It is beyond explanation that once the Super Area of on completion of the building has been measured to be 235.6 sq. ft., how the same became 238.53 sq. ft.
To this-regard, the complainant had sought a clarification from the O.P. But till date no clarification on the aspect has been received by the complainant.


17. That the complainant has already made a payment of Rs. 9, 24, 400/- against the basic sale price of Rs. 9, 30, 975.50/- taking into 'consideration of super area of 235.69 sq. ft. This super area has already been confirmed by the opposite party on 21.06.2005. As per the original contract and actual super area of 235.69 sq. ft. The balance amount due to be paid to the opposite party is Rs. 6, 575.50/-against the, basic sale price. As per agreement the following additional charges are also to be paid at the time of taking possession:
• Interest free maintenance security - Rs 10, 000/-
• Power back-up charges for 3 K V A @ Rs 10, 000 per KVA - Rs 30, 000/-
• Total - Rs 40000

18. That as per the statement of the account the opposite party had demanded an interest of Rs. 12, 007.36/- for delayed payment by the complainant. But subsequently during the discussion with Ms Sheetal Gupta of the O.P. on 10.07.2006, she had agreed that all the payments have been received in time and hence, no payment on account of interest was due from the complainant.

19. That although the opposite party had demanded for the final payment, but on visit to the site by the complainant on 16.07. 2006, it was found that, still the work on the site viz. entrance door and electrical accessories, the false ceiling, the final finishing and other, works had not yet being completed. It was duly intimated to the opposite party by the complainant through registered post as well as e-mail. The copy of said letter along with the postal receipt and the supporting photographs have been exhibited as Ex - C28.

20. That the complainant had again written to the opposite party to redress his grievances with regard to the completion of the said premises and not to indulge in the unfair trade practices on 14.09.2006. The copy of the said letter is exhibited as Ex - C29. But the opposite party failed to fulfill their obligation by which they were bound by the terms and conditions of the agreement.

21. That as per the terms and conditions and the price of the said shop, the balance due to be paid by the complainant to the opposite party had been Rs. 46, 575.50/- whereas the opposite party had illegally and by malafide intentions, sent the demand letter for Rs. 1, 00, 164, 36/- . As per the demand letter dated 05.07.2006 it was mentioned that the contents of the statement shall be deemed to be correct, unless informed about any discrepancy within 7 days from the date of this letter. Accordingly complainant along with the necessary documents visited their office to sort out the matter. The matter was discussed with Ms. Sheetal Gupta on 10.07.2006 in the following four issues were discussed exhibited as Ex - C30 :

• Interest on account of delay remittance - Rs. 12, 007.36/-
• EEC and FFEC charges @ 125/- per sq. ft, - Rs. 29, 816.25/-
• Amount due to the complainant on account of delayed construction / possession.
• Discrepancy in exact super area, exact carpet area of shop and the basic of calculation of super area.

22. During discussions Ms. Sheetal Gupta called for the relevant docuents after going through she admitted that all the payments have been received in time and no payment on account of delayed payment is to be paid. Secondly regarding EEC and FFEC charges she admitted although there is no clause in the agreement for the payment of these charges but these are the additional charges which are being charged by the other builders and hence shall have to be paid by you. It is pertinent to mention here that the parties are bound by the terms and conditions of the agreement and opposite party can not demand-any. amount which is not envisaged in the terms and conditions of the agreement.

23. That the complainant tried his best to sort out this issue without any further delay but no response was received from the Co. Further reminder mail sent on dated 14.09.2006 (copy enclosed) since no reply was received; a legal notice by the complainant lawyer was sent on 16.10.2006 along with balance payment of Rs. 46, 600/- was sent o the opposite party (copy enclose). Further two mails dated13.12.2006 and 29.12.2006 were sent to the opposite party requesting them for handing over the possession since the full amount due have already paid. Copy of the legal notice along with the postal receipt is exhibited as Ex - C31.(For which O.P has not sent the payment receipt till date)

24. That in-spite of handing over the possession the opposite party had started demanding the Maintenance charges and interest of the above said shop The copy, of the said demand letter is exhibited as Ex - C32. It is pertinent to mention here that since the party had failed to give the possession of the shop to the complainant inspite of his making the full payment, no maintenance charges are to be paid by the complainant.

25. That as per the agreement the total time of completion/handing over of the possession is two years incase the possession within a period of two years, the opposite party shall be liable to pay damages for the period of the delay in handing over the possession at the rate of Rs.5/- per. Sq. ft per month (from the date of allotment i.e. 6th July 2003)

It is mention here that the construction of shop had not been completed within stipulated time of two years. Further, the OP. had failed to supply the copy of completion certificate which is authentic document to prove the actual date of completion. The possession of the shop is still with the opposite party for the reasons best known to them only. Nothing extra is payable by complainant on account of maintenance charges, holding charges. On the other hand the opposite party is liable to pay the delayed possession charges till the final possession to the complainant as envisaged in the terms of the Agreement.

26. That the complainant has suffered a financial loss of app. Rs.2, 00, 000/- on account of the default / deficiency on the part of opposite party in not handing over the possession of the said shop to the complainant possession in the prescribed time to the complainant and the opposite party had illegally and malafidely kept on demanding the payments from the complainant exorbitantly. This clearly establishes the Deficiency of Service by the opposite party.

That the Hon'ble Forum has got the jurisdiction to entertain and try and adjudicate upon the present complaint.


It is most respectfully prayed before the Hon’ble forum that: –

1. The opposite party may kindly be ordered/directed to handover the possession of the premises to the complaint without making demands of payment not envisaged in the terms & conditions of the agreement

2. The opposite party may kindly be ordered/directed to pay sum of Rs 2, 00, 000/- along with the interest @ 18% p.a as compensation/damages to the complainant because as per agreement O.P was suppose to handover possession by June 2005.

3. The opposite party may kindly be directed/ordered to pay the penalty @ R.s 5/- SQ.FT/month along with interest @ 18% p.a for the delay in handing over the possession to the complainant

4. The OP may please be directed to hand over the completion certificate.

5. The opposite party may kindly be directed/ordered to pay the cost of the complaint to the complaint and against the opposite party.

Any other order, which this Hon’ble court may deem fit and proper, may be passed in favour of the complainant and against the opposite party.



Delhi. COMPLAINANT
Dated:

I have given to Omaxe on pre launch Rs6.4 for OMAXE PALM GREENS PROJECT in SECTOR -MU in Greater Noida in Sept 2006.

The company did n't even sent me any application form at that time for booking and no allotment terms and conditions and no information as to when the project will finish for around 2 years even.

They simply readily took the Chq of 6.4 lacs as pre launch money.

In July 2008 after 2 years Omaxe demanded Rs 4.3 lacs further but still no terms and conditions of allotment were sent.

Also with this demand they sent me application form of booking which I refused to sign and asked for refund and cancellation.

They cancelled but refunded me not my money.

They are asking me to submit a affidavit on stamp paper which mentions terms and conditions in their favour and to hararss further. And which I refused to also sign.


The company is using my Rs 6.4 lacs for it's business illegally and unfairly until today and not refunding my money inspite of my repeated requests.

An action should be aken against for misusing the funds of the public in tus way since I'm told that there are around 80-100 other complainants like me.

I HAVE NOT SIGNED ANY AGREEMENT OR NO DOCUMENT OR NO APPLICATION FORM WITH COMPANY.


But I'm being harrased. IF any one other is here like me please do share with me.


My skype id is: sathi231 and my yahoo id is : sathi231

I'm NRI and CA by profession.

CA Rakesh Kumar
[protected]

I paid pre launch money of 6.4 lacs to Omaxe in Sept 2006 without signing any application form even as ws not given to me. But the form was sent in July 2008 with further demand of 4.3 lacs.

I refused to sign any document since too much delayed ad no allotment agreement or conditions even defined.
So I refuse to sign any document and pay nothing morebut asked fo refund with interest since the company has defaulted in its services which has deficiency.

The company has refused and is harrassing me and refunding full money.

Anyone with similiar case kindly contact [protected] ( Delhi ) . Would like to discuss.

Customer Code: OSV/OPH/10


This is reference to Omaxe Panache home flat booked by me at Sector 78 Faridabad. Rs. 1.50 Lac was paid as Advance (refer: Receipt 342637 dated 11th Feb'2009.

It was promised that allotment of the flats shall happen within 60 days, however, till today, no allotment information have reached me.

I have been following up with respect to various mails (dated 13th...

I've booked One Flat in Omaxe Riviera Rudrapur in April'2007 (2.25Years back) on their committment to give possession in Dec'2007.
100% Payment has been made in Nov'2007 thru Bank (after 9 months of booking), at the completion of 70% of the work (verified by bank).
After 100% payment, 1 year & 7 months have been passed & rest 30% work could not be completed. Now they have indicated to give possession in Nov'09 (another 5-6 months).
Since 15th Feb'09, no work has been conducted further & it seems difficult to give possession by Nov'09 even.
A lot of reminders have been given.
Now they ask to change the flat in another tower, which is not acceptable to me.
I'm asking either refund of money with Interest (withdrawl) or recovery of Losses (@Rs11000/month), I'm paying as House Rent.
Please help

I m Vishal Sharma.I have received many call from idea post department no. [protected](Raj Kumar),[protected]Akash).They told me the plan and asking to convert my prepaid to postpaid.i was agree with it.After they told to submit our id proof and photograph and i have to submit that on 16-06-09.They gave me the post paid sim and take out Rs.250, Now 3 days passed and my sim is not activated and they person are not attened the call now.Plz slove the problem as soon as possible.Tell with whom i m concerned.My cell no is [protected],[protected] and i m also giving the address of that office(IDEA POSTPAID) T-1, Second Floor, Near Stadium, Noida(UP).plz take actioned regarding this asap.
Thanking You.

We have got new postpaid mobile connections under our CUG scheme (Omaxe Ltd.) in Talk399 new plan from VODAFONE.

At the time of applying this connection Vodafone R. M.(Ms. Kapila Sachdeva Ph.[protected]) and executives promised us to give us some assured benefits in our Tariff as per given below:-
1. 450 minutes free local call to all network
2. 350 local SMS free
3. 200 minutes STD call free to all network
4. Rs.300/- Discount in monthly rental /Rs.99/-rental per month
5. Local Vodafone call charges 15 paisa per minute
6. Other local mobile call charges 50 paisa per minute
7. Local Landline call charges : 90 paisa per minute
8. SMS charges Rs.1/- per SMS
9. STD call charges Rs.1/- per minute
10. All call to our CUG connection would be free
The above said Tariff is mentioning same on our Tariff Enrollment Forms filled by Vodafone excutive.

We have also received the confirmation telephone calls from Vodafone and their executives told us and confirm us the above said Tariff.

But we are sorry to say that as per our bill which we have received from Vodafone, we did not get the above said assured benefits/Tariff. After that we send email and its reminder sevral time but we did not get any satisfactory reply from them.

We have surprised to see that Vodafone corporate care Department did not able to give any reply and also your Customer care Help line(111) unable to give us any satisfactory answers.

I had purchased a flat in Omaxe NRI City, the possession of which was given in october last year. But, the maintenance agency (Shanvi Estate) appointed by Omaxe on its own discretion has levied the maintenance charges from date earlier than date of possession.

The argument of Shanvi Estate is that they will charge maintenance fee from the date offer is made to the customer, no matter what. But, the delay in possession was due...

Hi,

This is regarding a real-estate company OMAXE Ltd. which I thought to be one of the best names in the real estate market. But the episode which happened with me totally blew my good perception about this company and has made me to believe that these agents are no less than fraudsters when it comes to money.

I had been in search of property since many years but was afraid putting my money into some unsafe hands so I decided to put my money into OMAXE which I got to know from my colleague in ICICI home search when I was with ICICI Bank-

OMAXE came out with a pre-launch offer for a group housing scheme in Sec-112 Noida with written terms and conditions to launch and allot the flat maximum within a year’s time, though I was told by the representative that the project will be launched within 4-6 months with very lucrative offers for pre-launch buyers. We kept on following up with OMAXE and ICICI Home search when the flats were being launched and they kept on saying that the same has been held for some more time due to technical reasons like development of FNG expressway etc. and that too because they want maximum investor benefit. The clause also says that in the event the flats are not launched within a year, the customer would be able to withdraw his money after 30 days notice with an interest rate of 9% per annum.

On listening to so many promising aspects we (Amit Dua & Anju Dua – husband and wife) booked a flat which was supposed to be 1350 sq.ft. and paid a sum of Rs.6 lacs through cheques against receipt number 203028 dated 16th May-2007 against registration amount received by the company.

The flats weren’t launched as promised and after stipulated period of one year, we approached OMAXE and ICICI home search in 15th / 16th month (Oct-08) asking for cancellation of the above registration. But OMAXE, despite proceeding with the cancellation of registration sent a letter dated 19th Nov-08 intimating for provisional allotment of the apartment, only to further shock us that the price offered against the allotment as inquired by us from your office was Rs. 10 lacs more than the tentative price mentioned at the time of registration in Pre-launch scheme.

We gave a written request to OMAXE for canceling the registration and refunding the amount since they did not fulfil the conditions of the scheme, but despite canceling the registration and refunding the amount to us sent another letter in Dec-08 mentioning the contents of the earlier letter in Nov-08.

We again approached ICICI home search to inform and request canceling of the booking/registration who further gave us NOC regarding the same and informed OMAXE, but till now we haven’t got the money back and the company officials have been procrastinating the same indefinitely.

We met following officials as well but they too applied arm twisting methods on us like they gave an option to transfer our booking to some other project etc. The below are the highly placed officials of OMAXE whom we met –

Mr. Ritesh Sehgal – Head Commercials - [protected]
Ms. Shikha Garg – Head Customer Care - [protected]

And another top official (lady) whose name I’m forgetting.

We would request you to help getting us our HARD EARNED MONEY back from OMAXE as this is our 6-7 years savings for purchasing a house. I and my wife have worked tirelessly to give a better and secure future to our child.

Attached are the set of documents related to the case.

For your information we have also approached consumer forum in Jan-09 which has given first hearing date on 20th July-09.

Regards
-Amit Dua / Anju Dua
[protected] / [protected]

Omaxe, Jaipur have sold villa adjacent to my villa no. 955 and other villa's in same row in Rs 31.0 Lacs, within two to three months of villa sold to me in Rs 35.0 Lacs, WHICH IS THEIR BASIC SALE PRICE.

BASIC SALE PRICE OF 263 SQ YARD OMAXE VILLA IN OMAXE CITY JAIPUR IS STILL Rs 35.0 LACS, BUT THEY ARE SELLING EVEN AT Rs 31.0 LACS, WITHOUT OFFICIALLY CHANGING THEIR BASIC SALE PRICE. AND CONSUMERS LIKE ME ARE GETTING CHEATED.

This is totally undesirable and against reputation of company like OMAXE and comes in category of fraud and cheating, AND I AM NOT ABLE TO BELIEVE CONSIDERING OMAXE REPUTATION.

Also during my deal for villa no. 955, it was committed BY OMAXE that my villa no. 955 shall be completed and hand-over to me in November '08 Last week or December '08 First week, which has not been honored and every time new date for completion and handing over is given to me.

I have already paid 95% money and incurring heavy interest on it. In last four months i have incurred Rs 1.1 Lacs interest, on 95% money @11%, which is also due on OMAXE, as OMAXE have not handed over villa to me, till date.

During my visit to OC Villa 955 on 20.04.2009, I am surprised TO see that that no work is going on my villa (when it will be handed over is not known) and 95% money has been lying with OMAXE, for last Seven Months.

Hence i requested OMAXE to refund my entire money alongwith 12% interest immediately otherwise i shall be forced to take help of law, as it seems to be clear case of forgery, on part of M/s Omaxe.

KINDLY HELP ME HOW TO GET REFUND FROM OMAXE.

Dear Sir,

My complaint is that i had booked a flat of 910 Sq feet in omaxe udrapur project in Victoria Tower C block on dated 28 feb 2008.At the time of booking builder given me the assurance that possesion will be given before 15Th august 2008.I have already paid 95% amount of flat cost but till date i have not got any information of possesion, But When we checked the status of the site and found that no work was going on.Now the builder is saying that he is not in condition to complete the flats in near future so if i want i can shift an other location which they are thinking of completing in near future.Also they have increased the super area to 35 sq feet, then what they have commited at the time of booking.Also builder is not providing the basic ammenties which he chagred us, like club, swimmiming pools&market complex.Builder also charged us 25 Rs/Sq feet as a life time maintenance chage.Now omaxe people are saying that flat owner has to pay 80 paise per sq feet on monthly basis as a maintenance charge.We are here group of 10 people who bought the flat in same tower and facing the same problem.When we asked for the cancellation the omaxe authorities says we don't have money right now and we will refund it whwn we will be having it.We all feeling trapped and felling helpless.We all feeling that builders are making fool o[censored]s enjying our hard earned money.No law in this country can stop them betraying people.

Mobile No- [protected]
Name -Sandeep saxena
Location -pant Nagar(Uttrakhand)

I had bought two properties in a Pre-Launch offer. Enclosed are the details -

a) Parsvnath Privilege at Greater Noida, Sector Pi, UP
a. I paid Rs 10 lakhs in cheque (15% of the total cost) to the developer in Mar-2007 but developer only launched the property in April-May 2008.
b. I was then asked to pay remaining 10% which is Rs 3, 21, 000 which I did on 14-May-2008 and signed a Sale Deed
c. I opted for Construction linked plan for the same

From past 3 years my money is blocked . There is no update from Parsvnath neither regarding refunding me the amount nor on any progress. On a last visit to the site I saw that construction activity has been stalled from past 8 months now. There is no communication from Parsvnath whatsoever. When I talked to them last they told me that they haven't even started the the tower which I have been alloted. What can I do in such a case?

There is another property investment which I made. Following is the details -
b) Omaxe Galaxy, Sector -112, Noida, UP
a. I paid Rs 6, 00, 000 lakhs (15% of the total cost) to the developer on 15-May-2008 but till now I haven’t received a communication from Omaxe when it is going to be launched.

From past 20 months almost my money is blocked . There is no update from Omaxe and neither is a sale deed done. When I checked with few Marketing guys each one was telling a different version with some telling Omaxe has not even got a go ahead from Noida authority and so on.
I have a copy of the check which I signed and gave it to them. Also I have a letter in Omaxe letter head that they have received the amount also. I got one communication from Omaxe asking for rest (10% of the money) before they could enter into Sale Agreement. Since there is a conflicting reports from Omaxe I donot want to pay the money. Let me know what can I do in such case.

Hi
I have booked the apartment in Omaxe Palm Green in Greater Noida, since the company is not able to complete the project on time i appllied cancellation which they accepted and promised to refund the money i 4 months from the date of cancellation, but now 4 months have passed and they are not responding to any of our emails or phone. I am worried for my money its my hard earned money. Can anybody suggest any action .