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ARIHANT ENTERPRISE

  • No of Complaints: 17
  • States (Active in): Rajasthan
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Year Established Not Available
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Introduction

In the world of real estate, selecting the right builder is a critical decision that can impact your future satisfaction as a homeowner. This blog post delves into ARIHANT ENTERPRISE, a builder based in Rajasthan, examining their history of legal cases, complaint patterns, and overall reputation in the market.

Company Overview

Name: ARIHANT ENTERPRISE
States with Projects: Rajasthan
Number of Complaints: 17
Cases Won: 10
Cases Lost: 7

Legal Case Details

The legal landscape surrounding ARIHANT ENTERPRISE offers insights into their operational practices. Here, we break down the cases against the builder, highlighting trends in both their losses and wins.

Cases Lost

  1. Nature of Complaints: The complaints where ARIHANT ENTERPRISE lost often centered around penalties imposed for non-compliance with legal requirements, such as not providing completion certificates or failing to submit Quarterly Progress Reports (QPRs). Furthermore, there were cases where settlements were reached, leading to withdrawals of complaints.
  2. Common Themes:
    • Regulatory Compliance Issues: A significant number of the lost cases involved penalties for violations under the Real Estate (Regulation and Development) Act, indicating challenges in meeting regulatory standards.
    • Settlements and Withdrawals: Several cases were resolved through settlements or withdrawals, suggesting that communication issues may have prompted disputes that could be negotiated.

Cases Won

  1. Nature of Complaints: The cases ARIHANT ENTERPRISE won largely pertained to allegations of non-provision of promised amenities and lack of required documentation, like completion certificates.
  2. Common Themes:
    • Document Submission: The builder’s successful defenses often hinged on their claims of having met legal requirements. However, penalties were still imposed due to documentation issues that should have been addressed prior to project launches.
    • Amenities and Services: Claims regarding the provision of amenities like a club house were derivatives of buyer expectations not being met, reflecting a potential oversight in the builder's delivery of services to residents.

Overall Assessment

The overall legal performance of ARIHANT ENTERPRISE reveals a mix of compliance failures and customer service challenges. With a total of 17 complaints, where they won 10 and lost 7 cases, it is evident that while the builder manages to secure victories in their defense, the recurring nature of complaints raises concerns about their operational practices and adherence to regulations.

Tips for Potential Buyers

As a prospective buyer considering ARIHANT ENTERPRISE, it is crucial to proceed with caution:

  • Research Thoroughly: Investigate reviews and ratings about the builder’s performance and reliability.
  • Verify Legal Compliance: Ensure that the builder adheres to regulations and has valid completion certificates for the projects you are interested in.
  • Request Documentation: Ask for all necessary documentation regarding the project, including QPRs, to confirm compliance with real estate regulations.
  • Engage a Professional: Consider hiring a real estate attorney or consultant to review contracts and offer insight into the builder's history.

General Tips for Selecting Any Builder

  • Check Regulatory Records: Review the builder’s past legal disputes and resolutions through the real estate regulatory authority.
  • Consult Multiple Sources: Use varied sources such as online forums, local real estate agents, and consumer forums for a balanced view.
  • Understand the Contract: Pay close attention to the terms and conditions in the purchase agreement and clarify any ambiguous clauses.
  • Visit Past Projects: If possible, visit previously completed projects by the builder to assess quality and satisfaction among existing homeowners.

Conclusion

In summary, ARIHANT ENTERPRISE has faced a significant number of complaints relative to their operational history. Potential buyers should exercise diligence in their assessment and consider employing professional guidance to navigate their buying experience. By understanding the builder's legal standing and recognizing the trends in their performance, buyers can make informed decisions that best suit their future home investment.

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Failure to Provide Promised Facilities Non-Compliance with Completion Certificate Requirements Disputes over Maintenance Charges Inadequate Provision of Civic Amenities

Analysis of the cases filed against Arihant Enterprise, which it lost, revealed significant insights into the builder's operational practices and compliance with regulatory requirements. The cases can be broadly categorized into several themes, highlighting the primary disputes faced by the builder.

One of the most notable themes was the Failure to Provide Promised Facilities. In several instances, plaintiffs claimed that the builder did not deliver promised amenities such as a clubhouse, which is a critical aspect of community living. The builder's defense often revolved around their assertion that facilities were provided as per the agreement, yet the verdicts consistently favored the plaintiffs, emphasizing the need for builders to adhere to their commitments.

Non-Compliance with Completion Certificate Requirements emerged as another significant theme. Numerous cases centered around the builder's failure to obtain necessary completion certificates from competent authorities. The builder's argument that individual units within projects might not require such certificates was repeatedly rejected by the authorities, leading to penalties and a recognition that the projects were not completed in accordance with legal standards.

Disputes over Maintenance Charges also stood out, with plaintiffs alleging excessive charges and denial of access to facilities for which they had paid. The builder's counterclaims often cited late payment and procedural non-compliance from plaintiffs, but ultimately, the decisions highlighted issues in the builder's management and service delivery.

The Inadequate Provision of Civic Amenities was a recurring concern, particularly in the case of the Prime Ville project, where basic necessities like water supply and sewage facilities were found lacking. The builder's reliance on plotted schemes and agreements with allottees did not mitigate their responsibility to ensure proper provisioning of these essential services.

Common triggers for litigation in these cases primarily revolved around the builder's failure to meet contractual obligations, non-compliance with legal requirements, and disputes over financial charges. The builder's losses in these cases often stemmed from insufficient evidence to support their claims, a lack of compliance with regulatory frameworks, and a fundamental misunderstanding of their responsibilities regarding project completion and facility provisioning.

Overall, this analysis underscores the importance for potential buyers to conduct thorough research into a builder's track record, particularly regarding their compliance with legal requirements and their history of fulfilling promises made to homeowners.

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
RAJRERA-C-2021-4167 Rajasthan Complainant filed a case against the promoter for… ["Non-provision of … {"appellant_claim": "The complainant alleged that… Bhuwan Bhalla Arihant Enterprises https://rera.rajasthan.gov.in/Content/pdf/13682021-4167.pdf
Complaints Settlement Penalties for Compliance Failures Disputes over QPR Submission Refund and Financial Claims

An analysis of the cases filed against the builder, ARIHANT ENTERPRISE, which the builder won, revealed the following information. The cases can be grouped into several common themes, each highlighting different aspects of disputes that arose between the builder and various parties involved.

Firstly, we observe cases relating to 'Complaints Settlement', wherein disputes such as the refund of amounts for allocated flats were amicably resolved, indicating that in some instances, direct negotiations between the builder and complainants can lead to satisfactory outcomes for both parties.

Secondly, 'Penalties for Compliance Failures' has emerged as a recurring theme wherein the builder contested the validity of penalties imposed by authorities for purported violations of the Real Estate (Regulation and Development) Act, 2016. In these cases, the builder argued that penalties were unwarranted, particularly when they had adhered to prior administrative directions. The consistent dismissal of the authority's rectification applications in these cases points towards the builder's effective defense against claims of non-compliance.

Furthermore, disputes regarding 'Disputes over QPR Submission' surfaced in several cases, where claims were made by authorities that the builders failed to submit Quarterly Progress Reports (QPRs) in a timely manner. However, the builder was able to demonstrate that the required submissions had been made before the hearings, leading to the authorities accepting the reports and thereby discharging notices against the builders. This highlights a potential communication gap that can occur in regulatory practices.

Finally, there were instances that involved 'Refund and Financial Claims' that were dismissed as being infructuous or settled outside of court. Such resolutions affirm that not all disputes require lengthy legal proceedings, reinforcing the idea that many claims can be resolved amicably.

The reasons behind these cases stem from penalties being contested, claims of project delays, and disagreements surrounding compliance with regulations. Common patterns reveal that when regulatory bodies or buyers filed complaints, they often lacked sufficient evidence to support their claims against ARIHANT ENTERPRISE.

The builder's success in these cases can be attributed to several factors, including the opposing parties' failure to comply with legal or regulatory requirements, misunderstandings about project classifications, or lack of support for their allegations. This demonstrates ARIHANT ENTERPRISE's capability to mount a robust defense against claims that may be misleading or unfounded.

This analysis provides valuable insights into the builder's reputation and the overarching dynamics in the real estate market. It is noteworthy that claims made against builders can occasionally be skewed or exaggerated, leading to unnecessary legal confrontations. ARIHANT ENTERPRISE has showcased a commendable track record of defending itself against such claims, which is an encouraging sign for potential buyers.

For prospective buyers, this analysis serves as a significant reminder to conduct thorough due diligence before drawing conclusions about a builder's character. While the real estate market has its share of legitimate disputes, the evidence suggests that builders like ARIHANT ENTERPRISE can effectively protect themselves against unjust accusations. Buyers are advised to seek out comprehensive and verified information before forming judgments about a builder's reputation.

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
RAJ-RERA-C-2018-2521 Rajasthan Complaint for refund of deposited amount settled … ["Refund dispute"] {"appellant_claim(in detail)": "Refund of deposit… Santosh Bhura Arihant Enterprises https://rera.rajasthan.gov.in/Content/pdf/6021Santosh bhura VS Arihant enterprises.pdf
F.3 (478) RJIRERA/P… Rajasthan The Rajasthan Real Estate Regulatory Authority di… ["Real Estate", "Pe… {"appellant_claim": "The promoters claimed that t… Arihant Enterprises RERA https://rera.rajasthan.gov.in/Content/pdf/9762F.3(478).pdf
RAJRERA-C-N-2023-59… Rajasthan Complaint withdrawn by complainant, case dismisse… ["Complaint withdra… {"appellant_claim(in detail)": "Not provided", "r… Dinesh Kumar Sharma Arihant Enterprises https://rera.rajasthan.gov.in/Content/pdf/3240RAJ-RERA-C-N-2023-5994.pdf
RAJRERA-C-2022-5063 Rajasthan Complaint filed for refund of amount with interes… ["Settlement", "Ref… {"appellant_claim": "Refund of amount with intere… Girish Gupta Arihant Enterprises https://rera.rajasthan.gov.in/Content/pdf/8200RAJ-RERA- C-2022-5063.pdf

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