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AKAR CREATIONS PRIVATE LIMITED

  • No of Complaints: 2
  • States (Active in): Maharashtra
CIN U31200GA1990PTC001021
Year Established 12-Feb-90
Address OPP NEHRU STADIUM, 3RD FLOOR , LAKE PLAZA, FATORDA MARGAO GA 403602 IN
Company Status Private

Introduction

In the dynamic and often tumultuous world of real estate, a builder's integrity and legal standing are paramount for potential buyers. Today, we turn our attention to Akar Creations Private Limited, a builder currently active in Maharashtra. This post will explore the legal challenges faced by the builder, the outcomes of their cases, and provide potential buyers with insights into their dealings.

Overview of Legal Cases

Akar Creations Private Limited has faced a total of 2 complaints, both of which have resulted in losses for the builder. This raises concerns regarding their commitment to fulfilling contractual obligations, particularly regarding delayed possession of flats. In reviewing these cases, we can glean important insights into the builder's legal history.

Case Details

  1. Claim of Delayed Possession
    - Appellant Claim: Appellants (homebuyers) sought interest due to delays in possession of their flats.
    - Respondent Claim: The builder argued that homebuyers failed to take possession within two months following the offer, which they claimed violated section 19(10) of the relevant real estate act.
    - Final Verdict: The appeals were allowed, resulting in the builder being directed to pay interest for the possession delay occurring from June 30, 2016, to December 7, 2017.

Analysis of Legal Patterns

Cases Lost

The two cases lost by Akar Creations Private Limited highlight a troubling pattern. Both cases revolved around delayed possession, suggesting that the builder may have a systemic issue with timely project completion. Homebuyers have a rightful expectation to receive their properties within a stipulated timeframe, and the failure to meet these timelines can lead to significant customer dissatisfaction and loss of trust.

Cases Won

Interestingly, while there have been two cases lost as mentioned, the case summaries reference an appeal allowed regarding the delayed possession, indicating a level of responsibility being placed on the builder to compensate buyers for their distress. However, both cases still reinforce a negative perception of the builder's operational execution and reliability.

Conclusion

Akar Creations Private Limited's track record suggests significant challenges in adhering to their deadlines, leading to legal disputes with homebuyers. Although the builder has been ordered to pay interest for delays, the overall absence of winning cases poses questions on their operational capabilities and customer satisfaction.

Tips for Potential Buyers

  1. Research Thoroughly: Always conduct in-depth research on any builder you consider, focusing on their project history and legal standing, similar to what we've explored regarding Akar Creations.
  2. Review Ratings: Look for customer feedback and ratings to gauge previous buyers' experiences.
  3. Legal Safeguards: Ensure that any agreements include terms that protect your interests, particularly regarding timelines and penalties for delays.
  4. Stay Informed: Regularly check for any legal updates or news regarding the builder to stay informed about ongoing issues.

General Tips for Selecting a Builder

  • Check Credentials: Verifying a builder's registration and reputation in the industry is paramount.
  • Inspect Past Work: If possible, visit completed projects for a personal assessment of quality.
  • Contract Clarity: All agreements should be clear, detailed, and legally vetted to avoid any misunderstandings.
  • Negotiate Terms: Where feasible, negotiate terms that align with your expectations regarding timelines and quality assurance.

In summary, while Akar Creations Private Limited continues to operate in Maharashtra, potential buyers must proceed with caution, armed with the knowledge of the builder's legal challenges and a commitment to due diligence.

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Delayed Possession Claims Non-compliance with Contractual Obligations

Analysis of the cases filed against Akar Creations Private Limited, where the builder lost, revealed several key themes across the disputes. The cases primarily revolved around two main topics: delayed possession claims and non-compliance with contractual obligations.

The delayed possession claims consisted of appellants seeking interest compensation for the prolonged duration in which they were unable to obtain possession of their flats. In each case, the appellants claimed that the builder had failed to deliver property on time, leading to significant emotional and financial strain on the purchasers. The builder, on the other hand, countered these claims by arguing that the appellants had violated their obligations under the contract, specifically by not accepting possession within a two-month timeframe as mandated by section 19(10) of the Act. However, the legal verdicts favored the appellants, indicating a failure on the builder's part to fulfill their commitments.

A pattern emerges from these cases: the common trigger for litigation was the builder’s inability to meet project timelines and fulfill their obligations to complete and deliver the flats on schedule. This suggests systemic issues within the builder's operations, possibly related to project management, resource allocation, or adherence to construction timelines.

The builder lost these cases primarily due to their non-compliance with contractual obligations regarding timely possession delivery. The verdicts highlighted the legal necessity for builders to adhere to agreed-upon timelines and to communicate any potential delays transparently to purchasers. Failure to do so inevitably leads to loss of trust and subsequent legal action, as seen in the outcomes of these cases.

Overall, these findings indicate a need for prospective buyers to exercise caution when engaging with Akar Creations Private Limited. It is essential for buyers to thoroughly review the builder's track record, seek feedback from previous purchasers, and carefully consider the legal implications of any potential delays before making a commitment.

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