arbitrary increase of SBU Area

[sharmila132@gmail.com]

There seems to be no rationale to SBU area increasing. Some flats have increased form 1475 to 1521 some from 1475 to 1569. On what basis are they calculating the increase? and what is to stop them from increasing it further?.I have been sending mails to omaxe regarding penalty payable by them @ Rs5/- per sq. ft per month for extending the date of possession, however they have not replied to any of the mails. Last week when i got through to Accamma, Manager Cust care, and spoke about the penalty, she said it would be settled at the time of possession. i do not think any of us will be able to get money out of them once we have taken possession. we should demand that they start adjusting the amount now. They were i think supposed to hand over the flats around Dec/Jan 2009 originally. this then became July 2010 and till date we have no idea when we are going to get possession. i have also asked them for clarification regarding the 15/- towards EDC as well as the rationale behind the increase in SBU.I doubt i will get a reply. I will wait for a couple of more days and send in another mail.

[sharmila132@gmail.com]

All Omaxians Posting a copy of my mail sent to Omaxe today 22nd Aug 2011

Dear Nisha, Accamma,Mr.A.K Gupta

Apropos my mails sent to you on 18th and 19th Aug 2011, regarding increased EDC and Increase in Super Built up Area , please make note of the following.

Increase in SBU Area
1. It has come to my notice that there seems to be a lack of rationale behind the increase. Some apartments have increased from 1475 sq. ft. to 1521 sq.ft., some from 1475 to 1557. Mine has increased from 1475 sq. ft. to 1569 sq.ft. This increase is not only going to have an immediate impact on the cost of my flat going up, but a long term impact in terms of amount of maintenance to be paid by me. I need details of how you have arrived at this figure.
2. At what rate would I need to pay for the increased area?

Increase in EDC
1. There is a High Court hearing on this on the 6th of September. Further steps will be taken basis the result of the hearing
2. I will not pay the increased EDC amount based on an arbitrary increase made by Omaxe. I need to understand the rationale behind the different increases for different flats as well as need a document stating that the size of my flat has now increased to………..( this means that I need bonafide papers showing the size of the flat. The Agreement says 1475sq.ft.)

Penalty
1. I have been sending you mails on this since April but there has been no response from any one of you.

2. Omaxe would need to start adjusting the remaining amount payable with the demurrage costs due to me. Accamma, you informed on 18th August 2011 me that the demurrage would be adjusted at the time of possession. My experience shows that it is extremely difficult to extract money once it has been paid in excess.

3. The delay in giving possession by you has resulted in a lot of escalated costs for the buyer. Circle rates have gone up which impacts registration costs, EDC might be increased. Why should any buyer pay for delays made by you?

Receipt for last payment made in May 2011
1. I have sent you mails regarding this on 10th June, 13th June. Mr. Gupta, you responded by asking one Mr. Shivendra Roy to send me the receipt but till date have not got the receipt

I would like to have the name and e mail ID of the authorized signatory whose signature is on letters sent to me. Please arrange to send this ASAP. Also please send me mail IDs of decision makers.

Expecting a prompt reply.

Regards
Sharmila Majumdar

[kriday]

Hi Sharmila,

Are you a first owner or the second owner? day before yesterday we visited omaxe and as per them it is company policy that plenty will only be given to first owner which i think is totally wrong on their part.

Abhi

[sharmila132@gmail.com]

I am not the first owner. I bought it on resale two years back. Omaxe is so quick on quoting clauses from their agreement...no where is this company policy of theirs, which says that the second owner is not entitled to penalty, mentioned in the agreement.clause 27 point F mentions ' buyer' not ' original buyer' .

Clause 31 , point B states that once possession is taken, we cannot raise any claims against them.There is no way we can get any penalty once we take possession.

[contactmohit]

Sharmila,

Did you get a response from Omaxe ?

- mohit

[sharmila132@gmail.com]

No response from them yet.After the first mail i sent them two more mails asking them to respond ....but nothing.

Regards
Sharmila