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, I paid Rs 6, 40, 000/- vide Chq. 077972, dtd. 19/09 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.
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.
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.
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. I paid Rs. 5712/- towards the processing fees.
3.) On 21/9 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, 17/03 & 22/03 sent reminders to Omaxe for terms and conditions of allotment but didn’t received.
5.) On 4/07 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 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 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 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.
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