BACKGROUND OF THE CASE
I had booked an apartment with OMAXE Ltd at 'North Avenue' Bahadurgarh (under construction since 2007) on 08 Jun for Rs 22, 85, 225/- including Rs 1, 50, 000 for covered parking. the Flat was booked under construction linked payment plan. I had paid 15%(3, 45, 225/-) of the construction cost at the time of booking and applied for loan with AGIF for the balance 85%(19, 40, 000/-). I paid 51%(11, 63, 887/-) in Sep 10%(2, 40, 000/-) in Dec & 11%(2, 49, 200/-) in Aug. Thereafter, I did not receive any demand letters from the company till 17 Oct when I was asked to pay an installment of Rs 1, 13, 087/- along with a delay interest of Rs 5, 48, 000/-. On enquiry with the Omaxe Ltd, I was informed that interest was calculated wrongly with effect from 2007 while my booking date was from 2009 and the interest was Rs 86, 000/-.
At the time of booking contact persons at the site informed me that the flats will be ready for possession in Dec that is just 06 months from booking date and accordingly I planned my loan installments in Sep 2009 (12, 00, 000/-), Dec (2, 40, 000/-) & last installment in Mar (5, 00, 000/-) expecting a delay of 03 months. When I asked about the progress in Dec I was told that the flat will be ready by Jun and accordingly I approached AGIF to split the last installment into two parts that is Rs 2, 50, 000/- in Jul and balance 2, 50, 000/- in Sep 2010. while I paid the next installment of Rs 2, 49, 200/- in Aug the flat has not been offered for possession till date that is Nov.
The above delay has already caused me monetary losses of Rs 3, 50, 000/-in terms of Pre-EMI interest since the EMIs will start only after the disbursement of last installment and this loss is continuing at the rate of Rs 13, 800/- per month in terms of Pre-EMI interest as of now.
When I approached OMAXE Ltd at their Delhi, Kalkaji office, the customer care brought out the agreement wherein the company has agreed to offer the possession of the said flat within 30 months of the contract and another 06 months delay due any of the whole lot of reasons given in the contract.
QUESTIONS
1. Since the company had asked for approximately 70% amount within first 03 months of booking -meaning that 70% construction was completed, should the time period for offering possession (30 months in contract) also not reduce by 70% that is the company should have offered possession in next 09 months by may?
2. Is the delay clause as mentioned in the contract of paying Rs 5/- per sq ft per month by the company as compensation applicable here? If yes, for how many months?
3. Govt of Haryana while licensing and permitting OMAXE Ltd to undertake construction on the said land, it has asked the company to keep the basement as parking space for the flat owners exclusively. Is OMAXE Ltd correct/authorised to sell the covered parking @ Rs 1, 50, 000/- & uncovered parking @ Rs 75, 000/-?
4. Can I file a suit for harassment in Consumer Court against their letter dated 13 Oct received on 17 Oct demanded an incorrect amount of Rs 5, 48, 000/- as interest which almost caused me an heart attack - not literally, but ruined my Diwali celebrations?
Please advise.
Thanking you in anticipation.
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