URGENT CALL FOR OMAXE HEIGHT PEOPLE

[vinitanandwani]

Hello everyone,

AS YOU ALL MIGHT BE AWARE THAT THE PROPOSED MEETING OF GFWA MEMBERS WITH THE BUILDERS OF NEHARPAAR UNDER SUPERVISION OF DC IS SCHEDULED ON 20TH MAY AT 11 AM
For this meeting GFWA is drafting a letter pertaining to all common issues and specific issues of buildrs

I am drafting a builder specific grievance letter for Omaxe heights with the help of RWA Omaxe height.We already have issues and grievences list related to 2 BHK flats ,but we dont want to miss any issues related to 3BHK flats too or anything other specific. I request all Omaxe heights members specilally 3BHK owners to suggest the issues which we can discuss in that meeting with DC & builder.
As the letter has to be absolutely to- the-point, we need to mention issues that are common to all or significant amount of residents. The issues could be related to (but not limited to) the following areas:
1. Delay in Possession
2. Change in Layout plan
3. Selling of Green area in form of schools, shops etc.
4. Bad quality of works
5. Non-payment/Adjustment of penalty
6. Increase of super area at time of possession
7. Non payment of interests
8. Safety issues like faulty design
9.New Endorsement undertaking
10.Store to toilet conversion and amount
11.podium charges payable
12.Any other related to specific issue

Some of the issues which i have seen so far are:
a) Delay in possession.
b) Adjustment of penalty only for those who exceeded 36 months.
c) Change in Endorsement undertaking letter for new buyers " no claim in penalty"
d) Club is not ready still charged full amount
Please come up with your points ASAP so that we can sum up all the details and comeup with strong draft letter.

Thanks
Vinita nandwani

[ssp142000]

I don't see any builder honouring the terms of the agreement and nor are the constructions done to confirm with the original layout plans. Hence, the number of specific issues would be great and would further confuse the already confused authorities. In stead of getting each builder specific issue addressed why don't we stress upon drafting an MOU which would apply to the entire Greater Faridabad as a whole. This MOU should contain the following, in addition to the other important issues which we can decide:

1. Getting the quality of construction checked at regular intervals by independent competent resources as well as HUDA where required. Our Government is good at forming committees.
2. Check if the construction of lifts, fire fighting equipment, stairs, common areas etc are done as per the prescribed sizes and specifications of the competent government bodies and are not below standards. The competent government bodies should be asked to perform the checks.
3. The builders must obtain permission from GFWA under supervision of DC and HUDA(if required) for any changes in the layouts (Master, etc etc.)
4. Prohibit builders from getting any undertakings forcibly signed. All undertakings' (if unavoiadable) must be submitted to the GFWA with cc to DC for approval before they are issued to the members.
5. Actions and consequences (subsequent course of actions)

There are several more issues we can include in the MOU. We can request DC to issue a notice to the builders to honour the terms of the MOU based on the complaints he is receiving.

All the competent authorities who will carry out the above activities will be required to submit a report to GFWA with cc to DC and sunsequently we will have incredible documantary evidence to fight our cause legally.

[sendtomanish]

Indeed good suggestion ,we can push, but builder will not agree for anykind of public scrutiny.

[ssp142000]

Can't the DC order such scrutiny when hugh scandals are going on right under his nose. I can't believe he is not aware of whats going on. I would be proud to fight the battle alone if he says he cannot protect the rights against the wrongs. If what you are saying is true, I can promise that we will keep crying and things will go on as they are going on and we will get pleasure from the petty news. We are here, united, to fight for the fundamental rights and we need to stand determined against the odds.

[anac]

Dear Vinita,

The list of key issues mentioned by you are good. The suggested key focus points to be elaborated during the meeting are the following :

Delayed Possesion : With the background info on Prelaunch (Somewhere in mid 2006) and launch (Early 2007) Omaxe has all but failed miserably to provide what they promised to customers. It has been an outright case of 'FRAUD' as they have surpassed the so called 'Grace Period' by over an year with no hope of a proper handover anytime soon. I also know many other projects which have been delayed by Omaxe in the recent past. It's quite shocking why they haven't been penalised and blacklisted by the authorities yet.

Penalty Payments : Apparent unwillingness to pay penalty which is peanuts compared to the rate which they penalized the customers at. I have paid late payment interest @ 18% for my initial installments as I purchased it from the original allotees. When it's their turn they are even unwilling to pay Rs 5 psf which is approximately @ 3.5 % p.a.. I have come across a few cases in India as well where customers have put litigation against the builder to pay penalty at the same rate as they charged the customer for late payments and got a favourable verdict .

Change in Layout : They cannot have a sudden change in layout. If they need to do it due to any unavoidable reason they need to inform the customer beforehand and take their consent. I am sure there might be some concrete law on the issue in India as well

Handover Terms : I am not sure whether this needs to be discussed in the meeting as there's still time...but the expectations needs to be set with the builder rep. We have paid for a fully developed township with all facilities onboard and not a building site where construction work is going on nextdoor. the facility needs to be completely livable with all basic amenities as promised and other neccessary parameters.

Hope the above points help,

Anshu
803 Petronas & 302 MPoris

[ssp142000]

People have booked flats in TREVENI/ERA/OMAXE/SRS/SPR/PIYUSH and so on and are facing the very same problem of delayed possession of flats. There are few people fighting against TREVENI for refund without having any assurance of flats (even after paying 4-5 installments) in the court of law.

Builder lobby is very smart, they can follow a path similar to TREVENI of non delivery of flats and refund the same value i.e. of year of year 2005-06 (booking year). So, on the grater note, I request people from all ends that we should pressurise DC/State Govt to order the builders to deliver the flats over to people as per the original commitments/agreements.

Therefore, I request all not to take up matters for personal benefits but to fight for all.

SIMPLE CALCULATION:
Approximate builders = 25
No of buildings/builder = 20
No of flats/building = 90
TOTAL NO. OF FLATS = 45000

So,
no. of individual complaints = 45000
no of builder specific complaints = 500
no. of common complaints =
1. Delayed Possesion
2. Penalty Payments
3. Change in Layout
4. Handover Terms

Anshu u r right but it should b for all.

[sendtomanish]

Dear ssp142000,you are absolutely right...

[vinitanandwani]

@anac
thnks for your suggestions ..we are working on it

[ssp142000]

how about getting printed t-shirts or caps which say what we want to say

[sendtomanish]

Innovative,but due to lack of time not feasible in short notice for friday meeting ,if u have idea can u plz take quote and time for prnits of caps/tshirt?

[ssp142000]

will try but would like to request anybody who is closely related to people who do this please come forward.

[anac]

Hi Vinita,

Another point you may consider adding is the Plan of action (POA). To make this meeting meaningful especially in the presence of the DC we can add up a tentative POA and take some sort of commitment from the builder reps to respond to all the queries raised with due dates. All communication shall be copied to the DC office as well so that there is a clear trail and accountability. Looking at the highly irresponsible behaviour of the builder's officials we need to chart out a clear communication plan and accountability during this meeting itself. We can track all communication (via emails) which will be quite helpful as it will be considered as official and can be later on used to firm up our case with the authorities just in case things revert to status quo.

Tentative POA can be the following :

- Revert on the issues raised within 2 weeks time with a copy to DC's office.
- All communication in order to arrive at a mutually satisfactory conclusion shall be done with a copy to DC's office. (This will help in case they conveniently stop responding as most of us have experienced in the past)
- Followup meeting to resolve the issue in 4-6 weeks time. (This may help exert pressure on the builders to come up with the required answers in a set timeframe)
- Opon arriving at a mutually agreeable agenda and way forward we can ask them to schedule an update meeting or communication with a 4/6 week frequency in order to followup on the issues.

The above may help formulate a continous communication plan with the builders which should ideally be endorsed by the DC to apply pressure on the builders and inject accountability in the process. One of the critical factor for this to be successful is to get someone highup in the builder's organization responsible for the communication (Ideally one of the key promoters). Employees can always be fired and move around giving them another chance to spin a story.

Infact we can add up this point as well in the list of issues. Improper communication has been a major issue with all builders and all of us have ended up running around trying to get someone responsible to speak with. Infact I have written a few emails to Mr Rohtas Goel without any response in the kind till date :-).

Let's not allow these crooks to get away anymore they already have....I really hope the DC realizes our pain and help us to bring about some accountability in the process moving forward.

Many Thanks,
Anshu
803 Petronas/302 Mporis

[ssp142000]

Excellent suggestion and we should stress upon POA. Its the most important element for success.

[sendtomanish]

Dear user 'anac' and 'ssp142000'
Can someone draft a POA/GFWA expectation letter from DC and mail me please on manish.gupta@myfaridabad.in by 3 pm?
Regards
Manish

[ssp142000]

Hi Manish,

Have drafted a POA format along with some goals and objectives. However, it is very generic. We need to add more to it. I am trying to add more from my end and in the mean would like all to suggest and forward their comments and suggestions.

To help I have attached the format.

Thanks

Shamsher