M/s Omaxe – charging interest although all payments made in time

I purchased an apartment no GNMU/PEACH PALM/A-101 at Sector MU, Geater Noida UP from M/s Omaxe in Sep 2012. I purchased this flat because this project was approved by State Bank of India and I am working in the same bank. I told them that I want to avail housing loan therefore I can make the payment only out of bank finance so you have to provide me all necessary documents for the loan. When I purchased they told the possession will be given on Nov / Dec 2012. I applied for loan from the bank. The company provides no objection certificate from united bank of India and Punjab national bank of India on 27/11/2012. Then my bank told me that the company has written date of passion Oct 2014 therefore we will release only 50% of loan only where as in your application you have given the date of possession as Nov 2012. I against talk with the company representative (Mr. Kuldeep) to give a fresh letter for correct date of passion, He sent me emailed on 15/01/2013 (copy attached) stating the date of possession on first quarter of 2013. I forwarded the same to the bank and they released the payment. I delivered all three cheques to Mr. Dinsesh my broker on 17.01.13 and he deposited the same in the company. Company issued the receipt of all the cheques on 19.01.2013. On November 2013 Omaxe sent me offer of possession letter along with demand of Rs. 540798.09 which charging interest on account of delay payment of Rs. 282,135.00. When I approached their office for details of interest charged Ms Nidhi told me that we are charging interest because your chaques returned. I explained to her that these were SBI banker’s chaques cannot bounce. After few days she accepted that it was their mistake as the company had lodged these cheques with Axis bank. Now she said that interest is charged because demand was raised on 14/10/2012 and you paid on 19/01/2013. I explained to her that the last document (letter of confirmation of possession) required by my bank for sanction of loan was provided by the company on 15/01/2013 through e mail (copy of the mail provided by company attached) and I give cheques to the broker Mr. Dinesh on 17/01/2013 and he deposited the cheques of Rs. 44,65,408.00 on 19/01/2013 to company (as per company ‘s receipt) Now Ms Nidhi and one more person of the company said you provide us the copy of the communication either you or your broker had with Mr. Kuldeep who issued this Email of possession date to you. I even mailed them the letter (copy attached) which I faxed to Mr. Kuldeep on the bases of which he had sent me email. I submitted the copy of email of Mr. Kuldeep to bank for release of bank loan. Now you are requested to please take up the matter with the company and arrange to issue a fresh demand letter without interest, so that I can make the payment without delay. Also help me to get interest on delay possession by the company.

COMPANY IS DEMANDING INTEREST OF RS.282135.00 WHERE AS i HAVE MADE ALL PAYMENTS IN TIME. THE COMPANY SHOULD PAY INTEREST FOR DELAY IN DELIVERY OF POSSESSION

Complainant Information
name- VIPIN

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.