This is with reference to a property booked with Omaxe – “Apartment No. 104, on First Floor, in Sugar Palm-A Tower, in ‘OMAXE PALM GREENS’, Sector-MU, Greater Noida, U.P”.

Kindly note, that all representations made at the time of collecting the booking amount have been changed and altered at their whims & fancies. Omaxe Buildhome Pvt Ltd have turned back on everything that they had committed for and the same has been repeatedly brought to their notice from time to time but I regret complete ignorance to all my concerns. The key issues with facts are as under:

 The advance registration along with the payment was duly made on 28/10/2006 vide their dealer Bank Officers Welfare Organization and Omaxe was to allot a unit within 12 months or refund the amount with interest in case of failure from the date of an advance registration which never happened. Instead an intimation of an allotment was conveyed vide their letter dated 21/09/2007 which had no significance since on date neither the project land was possessed by Omaxe and nor was any activity taking place. This intimation is being justified as the letter of allotment by Omaxe Buildhome Pvt Ltd which I do not understand.
a. As to why an application form for allotment of a Residential Apartment in Group Housing Project “Omaxe Palm Greens” was subsequently sent vide Omaxe’s letter dated 08/07/2008?
b. How many letters of allotment are issued for the same Apartment since I further received another Allotment Letter booklet for the booking of aforesaid Apartment vide Omaxe’s letter dated 05/11/2008 which was actually executed by them on 05/12/2008?

 Based on the Builder demand letter dated 03/07/2008 against start of construction at site and with due consultation with them, I had further made a 10% payment for the 2nd installment and also applied for a Bank Loan envisaging receiving demand for the next installment shortly since construction work at full swing was assured. Although my Home Loan was approved and State Bank of India sanctioned the Loan vide their letter dated 22/12/2008 but it is highly regretted that Omaxe has not been able to issue the required NOC from their respective Bankers till date despite my continuously chasing them for the last 18 months for the necessary execution of documents & disbursement. Resulting which the sanctioned Loan had expired twice since even today there is no status on issuing the NOC from Omaxe.
a. Why has OMAXE not ensured the availability of proper documentation for the project before launching this project?
b. Who would be responsible for the Loan processing fee paid by me which has been lapsed in view of the undue delays in issuing the required NOC for the project?

 I have booked the aforesaid Apartment 4 years back @ Rs. 2500/- Sq. Ft. whereas Omaxe presently is offering the same Apartments @ Rs. 1800/- Sq. Ft. to new customers. It is totally unfair & unjustified.
a. Being a 4 years old customer I should be given an advantage if any over a new customer instead the same is being enjoyed by new customers and old customers are suffering and is being taken for a ride.
b. I do understand and appreciate offering of some discount owing to poor project performance to existing customers by Omaxe but do not understand the discount being subject to timely payment when actually the current new customer bookings are being made at much lesser rate and moreover project NOC is not being issued by Omaxe in lieu of which none of the Banks is willing to disburse the Loan. Sounds Ironical!

 As per the details for the Flat booking mentioned in their dealer’s advance registration offer letter dated 11/10/2006, apart from the cost of the Flat there were only PLC/EDC/EEC/Registry/Stamp Duty charges to be paid additional as per rates fixed by the Builder for Public. However, obligatory further additional charges of Rs. 5,06,000/- (i.e. Covered Car Parking @ Rs. 2,00,000/-, Power Back-up @ Rs. 75,000/-, Club Membership @ Rs. 75,000/-, Lease Rent @ Rs. 1,00800/-, IFMS Charge @ 56,000/-) has been unilaterally imposed upon me which is not justified. I belong to a Jain Community wherein my family do not eat or drink after sunset, so why a
 m I being forced to pay for a service which I would never use and is totally unfair?

 The payment schedule given by Omaxe indicates all additional charges are to be paid in 2 installments i.e. 1st at the time of ground floor roof and 2nd against completion of flooring. Please note that the additional charges comprise of services i.e. Lease Rent, Club Membership, Interest Free Maintenance Security, and Power Back-up etc which factually would take place just before or against possession of the Apartments. Why should 50% payment for the same be made at an early stage of ground floor roof in view of the fact that at the time of booking the possession of the Apartments was assured within 3 years whereas it actually took Omaxe Buildhome Pvt Ltd 3 years to even cast the foundation.

 Further, I do not understand Builder’s advance intimation of proposed levy of service tax for prospective buyers by Budget 2010-2011 vide letter dated 15th March 2010 advising to clear due payments/change payment plan to down payment plan in order to save liability of service tax on one hand and restrict the customers payment disbursement from the Bank in lieu of required TPA & NOC on the other hand. A request letter dated 23rd March 2010 was immediately submitted to their office requesting them to issue the required TPA & NOC to get the loan disbursed availing service tax benefit but as usual there has been no response from their end till date despite my continuous chasing. Now why should a customer bear the additional liability of service tax levy when the complete failure is from your end in issuing me the signed copy of Tripartite Agreement & NOC for loan disbursement resulting in outstanding due payments.

 As per my personal visit & inspection at site on 5/05/2010 i.e. around 4 years post booking of Apartment the construction status of the respective Tower was that only casting of 2nd Floor roof has been carried out which is again a matter of concern relating to the progress of the project. Why a copy of a detailed & factual schedule for completion & possession of the aforesaid Apartment has not been issued which is being requested for the last 2 years?

I therefore would like to call upon you for help against the breaches committed by Omaxe Buildhome Pvt Ltd and for the agony, hardship and harassment endeared by me due to defaults at their end.