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Prasant (manager)     03 June 2011

Builder cheating...pls help

Synopsis of the case:

a) The case relates to booking of 100 Sq. Yard Villa in “Omaxe City”, Bhiwadi, Alwar, Rajasthan. The villa in this case is Villa No. 378.

b) The booking was made by me directly in the Kalka Ji office of the Omaxe on 23/03/2009. The term of booking was “Installment Plan” which was explained to me will be Construction Linked plant (CLP). The booking amount of 2.5 Lac was paid on the same date via cheque no. “112063” of HDFC.

c) At the time of booking, verbal assurance was given by the builder that the possession of the said villa will start from diwalli of 2009, as the project started in 2006 and is about to finish, on this basis they also charged me higher price.


d) The allotment letter was sent to me on 6th April 2009. The receipt of the 2.5 Lac was also issued along with it via Receipt no 346643 dated 6th April 2009. Along with the Allotment letter was the demand cum payment schedule letter, the payment schedule was marked with due date not with construction milestones. When I called customer care for inquiring about the same, they said that you have purchased the Villa late, which is about to be completed so this is the only installment plan you have, they also assured me that as the possession will be given by diwali I have nothing to worry about.

e) When I received the Builder buyer agreement on 15/5/2009 , the term of payment was marked as "time link interest free plan", when I again complained to customer service on phone they said me that this is same as CLP, and again assured me that I have nothing to worry about as the possession will start in Diwali 2009.

f) I also took loan from LIC Housing finance (LIC HF) for the same, The fist sanction letter was issued on 03/03/2009, which expired as Omaxe took too long to process the document, the extenstion for the same approval was issue by LIC HF on 30/06/2009, which to my surprise bank did not disburse the loan amount on the account that no construction has happened till then. The pace of construction was so slow that the approval of LIC HF terminated. Then again I applied for fresh loan from LIC HF which was sanctioned on 30/07/2010, but the same story started again, but after several round of discussion with LIC HF they did disburse approximately 7.61 Lac on 30th Sept 2010. In the whole process of getting loan sanctioned multiple I lost more then 30,000 INR as processing fee.

g) In Dec 2010 out of blue I received a letter from Omaxe (attached with mail as Omaxe interest letter") saying that My allotment will be canceled if I don't pay the balance amount and interest within 10 days. I wrote to them sever times that my payment plan is CLP and bank will pay only when you do construction, they did not reply. (the mails are attached).


h) They have no respect for the 18 month deadline they have given in Builder Buyer agreement for completion of project from booking and the penalty clause after that.

i) In the mean time I have been following up with them on the date of possession with customer care, every time they make false promises of the date. (The replies of customer service are attached with the mail).


j) On 24th May 2011, I visited Omaxe office for asking them in person to remove the interest levied on me. The customer care executive Ms. Neelam, in a very disrespectful and arrogant manner, humiliated me and she will only look into the case at the time of possession and I will have to pay the interest no matter what.


I did some research on my own about Omaxe, the modus operand of the company seems to be to tie up customer in either “Down payment Plan” or “Time liked payment plan” giving them false promises and then divert the money to some other use. As the construction gets delayed they will charge interest on the consumer, and when the consumer gets fed up with the arrogant and humiliating behavior of the customer care they will cancel the booking after forfeiting the earnest amount which is 20% of the cost of house. They again re-book the same house to some other customer and repeat the cycle.  (There are many similar case on online consumer complain forum regarding the same)


My loss:

1)    30,000 INR as re-sanction amount for getting bank approval.

2)    I was thinking of moving out of my high rent apartment to the Villa by diwali 2009, and now I am paying the house rent and the interest of house loan combined, this is an added burden I have to suffer because of Omaxe.

3)    The huge amount of time I have spent following up with them.

4)    Facing disrespectful and humiliating behavior of Ms. Neelam.

5)    The mental tension and agony it caused.


I have also attached the booking form and builder buyer agreement with the mail.


What I want:

1)    Return of money with 10% interest.

2)    30000 INR refund of all the loan re sanction fee.

3)    20,000 INR as compensation for mental harassment 5000 INR as lawyer fee.

pls give you openion if this case will stand in court


 3 Replies

prabhakar singh (advocate)     03 June 2011

Hope fully yes! file a cse before consumer /state forum.You desreve a remedy you desire.

Aditya Singhal (Manager)     31 July 2011

My case is Similar.

I Booked a flat on 26th of July and paid the Booking amount and applied for Home loan. No one told me that i will have to pay interest amount if the rest of the payment is delayed. Howver i should make it ASAP. No terms and conditions were signed and was assured that i will get my flat in Dec'2010.

Later on i applied for Home Loan and it took me long time to get the loan afte signing many doucments from OMAXE and HDFC. Finally 13lakhs were relased by the bank in the month of Oct'11. I got Reminder in Nov'11 where it was shown that the amount has been recived and no interest amount has been charged.


I was happy but later on i got a remider in Jan that i have to pay 66000 as interest. When i called Omaxe that told me to write a mail to OMAXE customer care and it will be waived off.

Now it has been 6 months. I have not got the possession and only 50% of interest has been waived off.

They are telling me about terms and conditions but i see that the letter was signed in the months of Sep'11. That means that terms and conditions are being shared with me after booking.

What to do ?

What law is applicable as per the below points.

>Not sharing terms and condtions at the time if booking and later in penalizing the customer as per terms and conditions.

>Not responding t ocustomers email and responses.

>Why did they sent me a letter in Nov with no interest and then in Jan with heavy interest.

Prasant (manager)     01 August 2011

Which project is this?

Well they don't listen to any think except court order, I have taken legal recource and consulted a lawer who has filed civil case in Delhi High court and also filed criminal case of "criminal breach of trust" and fraud on then.

you also can do the same as the case is same

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