| CIN | U45201KL2003PTC016095 |
|---|---|
| Year Established | 21-Apr-03 |
| Address | No.86, 8th FLOOR, ABAD NUCLEUS MALL KOCHI-MADURAI NH-49 ROAD, MARADU PO KOCHI Ernakulam KL 682304 IN |
| Company Status | Private |
Introduction
When considering a builder for your future home, it is crucial to examine their track record, particularly their legal history. ABAD BUILDERS Private Limited, operating in Kerala, presents an intriguing case with its legal engagement background. This article will explore their performance in various legal matters, providing potential buyers with valuable insights.
Legal Case Overview
ABAD BUILDERS has encountered a total of 2 complaints, and notably, they have lost both cases. This is a significant point of concern for potential buyers. The cases revolved around delays in project completions and the refund of payments related to apartments lacking promised amenities.
Summary of Legal Cases
Both cases against ABAD BUILDERS share a common premise:
- Appellant's Claims: Complainants sought refunds for payments made for apartments that were not delivered on time, alongside requests for interest due to delays.
- Respondent's Defense: The builder claimed that the complainants were chronic defaulters who failed to meet their obligations, leading them to waive the refunds.
- Final Verdict: In both instances, the authority ruled against ABAD BUILDERS, directing them to hand over possession of the apartments and settle any balance payments within two months.
Patterns in Legal Cases
Cases Lost
In the cases that ABAD BUILDERS lost, several common factors emerged:
- Recurring Themes: Each case hinged on project delays and the delivery of apartments with promised amenities, which were not fulfilled. This raises concerns about the builder's ability to meet deadlines and uphold promises to clients.
- Defensiveness: The builder's defense relied heavily on the accusation of the complainants being chronic defaulters. This suggests a possible lack of accountability or an unwillingness to acknowledge shortcomings in their delivery.
Cases Won
Interestingly, ABAD BUILDERS hasn't won any cases recorded thus far. All complaints filed led to adverse outcomes for the builder, indicating a challenging relationship with buyers who sought legal recourse.
Conclusion
ABAD BUILDERS Private Limited's handling of legal disputes poses significant red flags for potential buyers. Their consistent submissions to rulings against them reflect poorly on their project management and customer relations capabilities. As reported in their cases, failure to deliver services as promised has led to legally mandated refunds and project possession transfers. This history necessitates careful consideration for anyone thinking about engaging with this builder.
Tips for Potential Buyers
- Research Thoroughly: Before making a purchase, research the builder's track record in detail. Look for past projects and seek reviews from previous clients.
- Seek Transparency: Inquire about timelines and the specifics of amenities included in your purchase. Ensure you have confirmation in writing.
- Understand the Legal Framework: Familiarize yourself with your rights as a buyer and the typical legal recourse available in the event of disputes.
General Tips for Selecting a Builder
- Check Legal History: Look for builders with a clean legal record and positive resolutions of complaints.
- Evaluate Experience: Choose builders with a long-standing presence in the industry as they are likely more established and reliable.
- Read Reviews: Online reviews and testimonials can provide insights into the builder’s reliability and quality of work.
In conclusion, while the vision of a new home is undoubtedly exciting, it is essential to approach the selection of a builder with caution, particularly one like ABAD BUILDERS, which has faced repeated legal challenges.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed against ABAD BUILDERS Private Limited, which it lost, revealed significant insights into the builder's legal disputes. The cases can be broadly categorized into two recurring themes: Delayed Possession Claims and Defaulters and Refund Denials.
The Delayed Possession Claims encompass the majority of the cases, where complainants sought refunds due to the builder's failure to complete projects on time. This theme highlights an ongoing issue in the real estate sector where builders often face challenges in meeting deadlines, which can be attributed to various factors such as regulatory changes, financial constraints, or unforeseen circumstances. In these cases, the common trigger for litigation was the builder's inability to hand over possession within the stipulated timeline, leading to dissatisfaction among buyers who had made partial payments.
The second theme, Defaulters and Refund Denials, reflects the builder's counterclaims against the complainants. ABAD BUILDERS consistently sought to deny refunds by alleging that the complainants were chronic defaulters. However, the legal authorities did not accept this defense, indicating that the builder's definition of a "chronic defaulter" may not align with legal standards or that the builder failed to provide sufficient evidence to support these claims.
A pattern emerges from these summaries: the builder’s litigation often revolves around their attempt to deflect responsibility for delays onto the buyers rather than addressing the core issues of timely project completion and clear communication with buyers. The common reasons for the builder's losses in these cases include the failure to substantiate claims of defaulters, non-compliance with the promised timelines for project completion, and potentially a misunderstanding of their obligations under the sale agreements.
In conclusion, these cases serve as a cautionary tale for potential buyers of ABAD BUILDERS' projects. They highlight the need for thorough due diligence, reviewing the builder's past performance, and understanding the legal frameworks surrounding real estate transactions before making any commitments. Buyers should also be mindful of the builder's tendency to attribute delays to buyers' actions rather than taking responsibility for their own operational inefficiencies.