I own an under construction flat with Omaxe in their project Omaxe Heights Sector 86 Faridabad, Haryana.


Tower Petronas,Omaxe Heights Sector 86 Faridabad, Haryana.
Area: 1165 Original; revised 1203 sqft.

The buyer agreement was signed on 31st January 2007, and Omaxe should have delivered the flat by their own maximum commitment of 2.5 years and 6 months grace period, that makes 3 years, i.e. latest by 31st January 2010.

It has already been more than 18 months over the due date, and still there is no sign or intimation from Omaxe on delivery date, etc.

I have already paid 95% of the flat cost and other charges amounting to INR 20,67,350

Omaxe has sent an increased EDC (External Development Charges) letter for INR 140 per square feet, amounting to an extra of INR 1,74,120.

I have already paid INR 1,74,750 @ 150 per sq feet EDC charges at the time of agreement.

I understand that I am/was liable to pay any revised or increased charges till 31st January 2010, the handover date. If any charges are increased or changed then Omaxe is liable to pay on behalf of the customer to the Government because the project has been delayed by the builder himself.

I have approached and discussed the same with their Customer Service head, Name : Ms. Apoorva (Mobile #: ********02), who says that she is aware that this is wrong but is unable to help me or the customers. She says that Omaxe would pay customers a late fee of INR 6 per sq feet per month due to delay in possession which amounts to INR 1,29,924 for 18 months (which does not even cover the increased EDC)

Omaxe has sent a letter to pay the new and increased EDC charges by 15th August 2011, else 24% interest charges would be applicable.

I would like to plead to you against the below mentioned malpractices of Omaxe and injustice towards its buyers:

1. Asking customers to pay increased EDC, while Omaxe should pay the same on behalf of customers as they have delayed the project. Also, I believe they are passing their late fee interest to be paid to the Govt onto customers.

2. Omaxe has developed a podium in the area as per their wish without customers' approval or knowledge and are charging the customers for the same.

3. They have increased flat area (earlier 1165 sq feet, now 1203 sq feet) without informing me, and want me to pay for revised charges and calculations.

4. Omaxe would charge 24% late fees from customers, I beleive they should pay me INR 4,96,164 (24% interest for 18 months calculated on already paid INR 20,67,350 due to non delivery of flat within due date)

5. Omaxe should also pay approx INR 15,000 per month as rent to customers that would otherwise had been earned by customer either by renting the flat or staying themselves, amounting to INR 2,70,000. I am paying INR 20,000 per month for staying in a rented flat that would have been saved if I would have been staying in my own flat in Omaxe.

6. Omaxe has sold me one open parking for INR 75,000 for one car, which is agianst the law. I want the same money to be returned back to me.

Summing up the above points:

Omaxe should pay current and future EDC and any other revised or increased charges on behalf of the customer to the Govt due to their own delay in the project.
Omaxe should pay me INR 9,71,088 (INR 2,70,00 as rent, INR 4,96,164 as interest, INR 1,29,924 as INR 6 psf late fees and INR 75,00o return of open parking space sold)
Omaxe should not charge its podium or any other new development charges that were not approved or informed to the customer.

Waiting for a positive reply and hear from you soon.

Thanks and regards