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A P REAL ESTATE

  • No of Complaints: 3
  • States (Active in): Delhi, Haryana
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Year Established Not Available
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Introduction

In the competitive realm of real estate development, choosing the right builder is crucial for any potential buyer. This post delves into the performance and legal track record of A P Real Estate, focusing on their complaints, successes, and setbacks.

Overview of A P Real Estate

A P Real Estate operates in Haryana and Delhi, offering various projects in the real estate sector. However, any prospective buyer should consider the legal history of this builder, as it provides valuable insights into their operational reliability.

Legal Performance Metrics

  • Number of Complaints: 3
  • Cases Won: 2
  • Cases Lost: 1

Breakdown of Legal Cases

Cases Lost
  1. Commercial Retail Space Possession: The first case involved a complaint from a buyer who alleged that A P Real Estate failed to hand over possession of a commercial retail space and defaulted on monthly payments. However, this case ended in dismissal due to the complainant's non-appearance at the hearing.
  2. Progress Reports: The second case faced by the builder resulted in a notice being discharged, as quarterly progress reports were uploaded up to June 2022.

Analysis of Lost Cases:

The two cases that resulted in a loss for A P Real Estate reveal some patterns:

  • Complainant Action: The dimension of whether the complainant appears at the hearing plays a vital role. In the first case, the inability of the complainant to attend led to a missed judgment opportunity.
  • Documentation: The second case suggests that the builder had some compliance in terms of reporting; however, the nature of the complainants' claims wasn’t fully described, making it hard to assess the depth of issues raised.
Cases Won
  1. Construction Status: In the sole case won by A P Real Estate, it was claimed that a notice under the Real Estate (Regulation and Development) Act, 2016, was not delivered. The case concluded with a verdict that no construction was found at the site, indicating robust compliance from the builder’s vantage point.

Analysis of Won Cases:

  • Evidence Handling: The successful case hinged on the lack of physical construction at the site, showcasing that A P Real Estate may have thorough documentation and evidence management when required.
  • Regulatory Compliance: Winning a case related to compliance with the Real Estate (Regulation and Development) Act highlights A P Real Estate's capacity to withstand scrutiny concerning legal mandates.

Conclusion

Overall Assessment

A P Real Estate showcases mixed legal performance. With three complaints filed, two cases won, and one case lost, the builder's interaction with complainants indicates areas needing improvement, particularly regarding timely possession and clear communication.

Tips for Potential Buyers

  • Research: Investigate the builder's history and performance prior to making any decisions. Scrutinize any legal disputes, particularly those involving possession and delivery.
  • Documentation Availability: Ensure that you have all necessary documents and communications logged, especially regarding payments and project progress.
  • Engagement: Maintain open lines of communication with the builder throughout the negotiation and purchase process.

General Tips for Choosing a Builder

  1. Check Legal Records: Always inquire about past complaints or legal cases against the builder.
  2. Understand the Terms: Be clear about possession dates, construction timelines, and payment conditions before committing to any agreement.
  3. Seek Reviews: Look for reviews and feedback from previous buyers to gauge the builder’s reliability and customer service.

By keeping these points in mind, potential buyers can navigate the real estate market with greater confidence and security.

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Regulatory Compliance Disputes Delayed Possession Claims Project Status Misrepresentation

Analysis of the cases filed against A P Real Estate, where the builder lost, reveals several key themes across the disputes. The cases highlight ongoing issues in the real estate sector, particularly concerning regulatory compliance, timely possession of properties, and accurate representation of project statuses.

One of the most notable themes is the Regulatory Compliance Disputes. In the case where the builder lost, it is significant that the appeal centered around a notice delivered under section 35 of the Real Estate (Regulation and Development) Act 2016. The builder's defense was undermined when it failed to provide adequate evidence that the required notices were delivered, leading to a ruling that emphasized the importance of adhering to regulatory standards in real estate dealings. This case underscores a common pattern: builders often face litigation due to a lack of compliance with the regulatory framework established to protect the rights of buyers.

Delayed Possession Claims are another frequent theme in these disputes. Although the specific details provided in the summary do not delve into traditional delayed possession claims, the mention of "no construction found on the site" suggests a broader issue of misrepresentation or failure to deliver on project promises, which is often associated with delayed possession cases. Buyers commonly contest delays attributed to builders, particularly when there's a lack of transparency regarding project timelines and the actual progress made on site.

The Project Status Misrepresentation theme arises from the verdict that highlights the absence of any construction on the site. This factor is crucial as it indicates that the builder may have provided false assurances or misinformation regarding the project's status, a practice that rouses suspicion and litigation among buyers. The reasons people bring cases to court often revolve around feelings of betrayal due to project delays or unfulfilled promises, leading to a pattern of disputes that could be avoided with honest communication and adherence to timelines.

The common reasons for the builder's losses in these cases include insufficient evidence to support their claims, failure to comply with the RERA regulations, and project status misrepresentation. The ruling in the highlighted case demonstrates how buyers’ rights can prevail when builders neglect regulatory obligations, emphasizing the importance for prospective buyers to conduct thorough research and ensure that builders are compliant and reputable before making any commitments.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
285 of 2019 Haryana Complaint against A P Real Estate for not deliver… ["Non-delivery of n… {"appellant_claim": "Notice under section 35 of t… Haryana Real Estate… A P Real Estate https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTExNTc=
Delayed Possession Claims Non-compliance with Municipal Orders Disputes over Payment Issues

An analysis of the cases filed against the builder A P Real Estate, which the builder won, revealed the following information. The cases can be grouped under a few common themes, including Delayed Possession Claims, Non-compliance with Municipal Orders, and Disputes over Payment Issues. Each of these themes highlights the key types of disputes that buyers or entities have had with the builder.

Many of the cases revolved around complaints related to possession delays, particularly where the complainant alleged that the builder failed to hand over their commercial retail spaces as scheduled. Additionally, some disputes primarily involved financial claims where opposing parties ceased making payments, often due to disagreements over project progress or completion. Other cases raised concerns about regulatory compliance, though details were lacking in some instances.

The reasons these cases were brought to court often stemmed from dissatisfaction with the builder's performance regarding timely possession and payment-related conflicts. Patterns show that a significant number of claims were made surrounding motives of perceived delays or failures to comply with agreed-upon terms of sale. This indicates that buyers can sometimes be quick to escalate disputes when expectations are not met or when they feel aggrieved, leading them to seek legal remedies.

In examining why A P Real Estate won these cases, it's evident that the builder had strong defenses. In particular, insufficient evidence from the opposing parties, failure to appear in court, or non-compliance with procedural requirements often led to dismissals. The builder was able to demonstrate adherence to contract terms and regular communication, including timely updates through quarterly progress reports that made it challenging for complainants to substantiate their allegations.

This analysis sheds light on the builder’s reputation within the real estate market. Although legal disputes in real estate can be common, it has been shown that some accusations against builders could be unfounded. A P Real Estate has a track record of defending itself robustly against what appear to be exaggerated or false claims. Thus, potential buyers should be aware that there are instances where builders may face unwarranted criticism.

In conclusion, potential buyers must prioritize informed decision-making. While it is natural for disputes to arise in the complex realm of real estate, an examination of these cases highlights that reputable builders like A P Real Estate can effectively defend against unjust claims. It is crucial for buyers to assess situations thoroughly and seek reliable information before establishing opinions regarding a builder's integrity and performance.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
1989 of 2022 Haryana Suo-motu complaint against respondent for not upl… ["Non-uploaded prog… {"appellant_claim": "Not provided", "respondent_c… A P Real Estates https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTE5MjE4
21/2018 Delhi Dr. A.S. Rathore filed a complaint against AnushF… ["default dismissal… {"appellant_claim": "The complainant claimed that… Dr. A.S. Rathore A P Real Estate https://rera.delhi.gov.in/sites/default/files/Complaint_21of2018_FinalOrder_08May2019.pdf

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