AGARWAL CONSTRUCTION & CONTRACTORS

Introduction
Agarwal Construction & Contractors has made its mark primarily in Chhattisgarh, but not without challenges. This blog post delves into the builder's performance, legal disputes, and important factors for potential buyers to consider.

Overview of Agarwal Construction & Contractors
- Name: Agarwal Construction & Contractors
- Number of Complaints: 25
- Cases Won: 3
- Cases Lost: 22
- States with Projects: Chhattisgarh

Legal Case Summary

Cases Filed and Won by the Builder

Agarwal Construction and Contractors has won 2 cases where the builder filed complaints:
1. Flat Payment and Sale Deed Issues: The Authority ordered the non-applicant to either pay the remaining flat amount with interest or provide a No Objection Certificate (NOC) for resale.
2. Partial Payment Claim: The authority ruled that the non-applicant must pay the remaining amount to the applicant, subtracting a specified amount within a set timeline.

Cases Against the Builder where they Lost

Agarwal Construction has faced significant challenges, with a total of 22 cases lost, including:
1. Overseas Palm Resort Project Complaints: The complaint was dismissed, but it showcases a lack of favor in disputes about project-specific grievances.

Cases Against the Builder with Successful Claims

Most of the cases, where the builder lost, revolved around complaints about a failure to provide timely possession of properties and complete the promised development work.
Their consistent loss in these cases often centers around issues like:
- Failure to deliver possession on time.
- Incomplete development work as per the agreement.
- Lack of provided amenities as advertised.
- Non-payment or short payments received from customers.

Patterns in Wins and Losses

Common Factors in Lost Cases

- Delayed Possession: Many applicants complained about not receiving property possession as promised.
- Incomplete Development Work: Several claims highlight that the builder failed to complete projects according to the agreements made with buyers.
- Consumer Frustration: Losses often stemmed from dissatisfaction regarding the amenities and facilities advertised not being delivered.

Common Factors in Won Cases

- Lack of Response from Non-Applicants: In cases where the builder has won, a common theme is the negligent response from applicants or non-appearance, leading to favorable rulings for Agarwal Construction & Contractors.
- Clear Legal Grounds: Successful wins have often been based on solid legal claims and evidence presented by the builder concerning payment agreements or contractual obligations.

Conclusion

Overall Assessment of the Builder

Agarwal Construction & Contractors shows a somewhat concerning trend, having won only a small fraction of cases compared to losses. Of the total disputes, the builder’s inability to deliver on promises and complete contractual obligations has raised red flags for potential buyers. Therefore, it is essential to exercise caution.

Tips for Potential Buyers

1. Conduct Thorough Research: Look into all available reviews and legal disputes relating to the builder. References increase understanding and build trust.
2. Request Documentation: Before proceeding with any purchase, ensure you receive all necessary documents, especially contractual agreements.
3. Understand Your Rights: Familiarize yourself with local real estate laws and your rights as a buyer to protect yourself against future grievances.

General Tips for Selecting Any Builder

- Investigate Track Records: Look into the builder's history, especially in terms of project completion and customer complaints.
- Visit Previous Projects: If possible, visit past projects to evaluate the quality of work and overall satisfaction of previous clients.
- Get References: Speak to previous buyers for insight into their experiences with the builder, especially regarding responsiveness and customer service post-purchase.

By understanding the complexities surrounding Agarwal Construction & Contractors, potential buyers can make informed decisions and navigate the real estate market with greater confidence.

Analysis of the cases filed against Agarwal Construction & Contractors, which it lost, revealed significant insights into the builder's operational practices and the expectations of its clients. The cases can be broadly categorized into several themes, highlighting common areas of dispute between the builder and the homeowners.

One of the most prevalent themes was Delayed Possession Claims. Numerous applicants claimed that the builder failed to provide possession of their flats within the agreed timeframe, which led to multiple lawsuits. The builder consistently attributed these delays to insufficient payments from buyers, claiming that buyers failed to honor their payment schedules. However, the verdicts overwhelmingly favored the applicants, indicating a lack of convincing evidence from the builder to support their claims.

Failure to Deliver Promised Amenities was another critical theme in the cases against the builder. Many homeowners expressed dissatisfaction with the promised facilities and amenities that were either not provided at all or were incomplete at the time of possession. These amenities ranged from jogging tracks and skating rings to steam baths, all of which were advertised in promotional materials. The builder's inability to fulfill these promises directly impacted the living standards of residents and contributed to the legal actions.

Additionally, Disputes Over Payment and Consideration stood out as a recurring issue. Both parties often contested the amount of consideration paid by the applicants, with builders claiming underpayment and applicants alleging overpayment or payment in full. The authority's verdicts generally sided with the applicants, stressing that the builder should return payments or complete promised works.

The Quality of Construction and Development Works also emerged as a concern, with various applicants reporting issues such as cracks and seepage in their residences. This highlights a potential systemic problem in the builder's construction practices and quality control measures, which could have implications for the safety and satisfaction of homeowners.

Lastly, Regulatory Compliance Issues were occasionally noted in the verdicts, particularly concerning the builder's obligations under the RERA Act. There were instances where the builder was reminded of their duty to provide possession certificates and complete sale deeds, which reflects a broader issue of legal compliance in their operational practices.

In summary, the cases against Agarwal Construction & Contractors reveal a pattern of dissatisfaction among homeowners regarding delays in possession, unfulfilled promises of amenities, and disputes over payments. The builder's recurrent losses in these cases suggest a need to address significant operational gaps, improve transparency, and enhance compliance with regulatory requirements to meet the expectations of their clients.

An analysis of the cases filed by the builder, Agarwal Construction & Contractors, which it won, revealed the following information.

Upon reviewing the cases, we identify several recurring themes, primarily revolving around payment disputes and contractual obligations. Two major themes emerge:

• Payment Disputes: These cases involved claims regarding outstanding payments from buyers, where the builder sought to recover funds that were due.
• Failure to Execute Sale Deeds: In certain instances, the builder faced issues with buyers not completing the necessary paperwork after payments had been made.

The reasons behind these cases generally involved Agarwal Construction contesting non-payment or delays attributed to the other party. For instance, in one case, the builder claimed that the buyer had not paid the remaining amount for their flat, while the buyer contested the terms related to additional costs. The builder successfully navigated these disputes, even when the respondents did not engage fully with the proceedings, as seen when one non-applicant failed to respond to the Authority’s notice.

Common reasons for the builder's victories in these cases include insufficient evidence presented by the opposing parties and a clear demonstration of compliance with regulatory requirements by Agarwal Construction. Additionally, the Authority often sided with the builder when it was determined that the claims made by buyers were unfounded or inconsistent with legal obligations.

The analysis paints a picture of Agarwal Construction & Contractors as a builder with a solid reputation, capable of defending itself against unwarranted allegations. Incidents of buyers making exaggerated claims in the hopes of escaping their contractual responsibilities can contribute to the legal landscape in real estate, suggesting that vigilance and proper documentation are critical on both sides.

For potential buyers, this analysis elucidates the importance of making informed decisions when entering real estate agreements. While there are certainly legitimate concerns within the market, the proven track record of builders like Agarwal Construction & Contractors shows that they often possess the defenses required to counter unjust claims effectively. Buyers are encouraged to approach such disputes with caution and seek comprehensive and reliable information before forming opinions about a builder's reputation.

This dictionary captures the themes and insights derived from the case summaries, providing potential buyers with educated views on the builder's track record while also cautioning against hasty conclusions based on disputes.

An analysis of the cases filed against Agarwal Construction & Contractors, which the builder won, revealed several insights regarding disputes typically encountered in the real estate marketplace. These cases were predominantly centered around themes such as Issues Related to Project Quality, Claims of Project Delays, and Disputes Over Compliance and Regulations. Each category sheds light on the motivations behind filing complaints as well as the builder's ability to mount a successful defense.

In the realm of Issues Related to Project Quality, complaints generally centered on alleged deficiencies in the Overseas Palm Resort project. However, in this case, the builder effectively demonstrated that no wrongdoing had occurred, prompting the Chhattisgarh Real Estate Regulatory Authority to reject the claims. This showcases a trend where disputes often arise from buyers' perceptions of project standards versus actual compliance.

Claims of Project Delays have also been a common topic, as buyers frequently seek recourse in instances where they feel promised deadlines have been missed. However, the builder often cites circumstances beyond control or simply illustrates adherence to contractual obligations, effectively mitigating penalties imposed.

Disputes Over Compliance and Regulations highlight the regulatory environment surrounding real estate development. In many cases, the opposing party has had difficulty providing concrete evidence, which has worked in the builder's favor. These situations emphasize the importance of statutory adherence and the builder's robust understanding of local regulations, further supporting their position during legal proceedings.

When examining the common reasons for the builder's victories, it becomes clear that many cases brought against them were rooted in insufficient evidence presented by the complainants. Other successful defenses included highlighting the challenging landscape of regulations and demonstrating that many accusations stem from misunderstandings or misinterpretations of contractual agreements and project classifications.

This analysis not only illustrates Agarwal Construction & Contractors' capability to defend against dubious claims, but it also serves to illuminate a broader pattern within the real estate market where builders may face accusations that lack substantial foundation. This may point to a need for buyers to be more discerning and informed about their choices.

Potential buyers should take heed of this information. While there are certainly valid grievances in real estate, the successful defense of Agarwal Construction & Contractors reflects the reality that builders can and do navigate accusations effectively. It's essential for buyers to approach claims with care and invest in research to ascertain accurate information about builders' reputations before making significant investment decisions.