ASHIANA DWELLING PRIVATE LIMITED

Introduction

Ashiana Dwelling Private Limited has made its mark in Haryana's real estate landscape. However, an unusual pattern surfaces amidst the projects they have rolled out: a concerning number of complaints and legal challenges. This blog aims to delve deep into the builder's track record and assess whether potential buyers should proceed with caution.

Overview of Legal Cases

Despite having nine cases filed against it, Ashiana Dwelling has not won any of these legal disputes. Instead, all cases concluded unfavorably for the builder. This raises critical questions regarding their business practices and the fulfillment of their contractual obligations.

Summary of Complaints

The complaints primarily stem from issues related to delays in project completion and failure to deliver possession. Below, we dissect these cases to understand better the recurring themes:

1. Delays in Delivery: Most complaints highlight significant delays in possession, with many buyers claiming they made full payments but were still waiting for their flats.
2. Claims of Force Majeure: The builder consistently cites force majeure events such as court orders and the Covid-19 pandemic as reasons for delays. While these factors might contribute to constructions challenges, their frequency raises concerns over the builder's commitment to timelines.
3. Refunds Ordered by Authorities: In all lost cases, the authorities mandated Ashiana Dwelling to refund the amounts paid by the complainants, often along with interest.
4. Claims Regarding Payments: Several cases indicate disputes regarding whether the complainants had made full or timely payments, suggesting an area of contention that the builder could address more transparently.

Patterns in the Cases Lost

The cases Ashiana Dwelling lost reveal consistent themes:

• Buyer Expectations: Buyers expected timely possession based on their contractual agreements. Failing to meet these expectations led to dissatisfaction and subsequent legal actions.
• Regulatory Challenges: The builder has not been able to convincingly justify delays solely on external factors, reflecting a potential lack of foresight in project management.
• Legal Precedence: Every complaint led to a ruling that enforced refunds, suggesting that regulators found merit in the buyers' claims, indicating a strong apprehension towards the builder’s operational efficiency.

Patterns in the Cases Won

Notably, all cases where the builder was declared as the respondent seem to indicate the builder's attempt to assert that delays were caused by external situations, such as court orders or extraordinary circumstances. However, it is essential to note that the builder has a clean slate on winning cases, illustrating a lack of successful defense in the legal arena.

Conclusion: A Builder Under Scrutiny

Ashiana Dwelling Private Limited's performance is concerning, particularly considering that all complaints resulted in refunds ordered by the legal authorities, with zero wins. This lack of favorable outcomes raises significant apprehensions about the trustworthiness of the builder. Potential buyers should approach with caution and conduct thorough due diligence.

Tips for Potential Buyers Considering Ashiana Dwelling

• Research Thoroughly: Look into reviews and legal histories of the builder. Consider reaching out to past customers to gauge their experiences.
• Scrutinize Contracts: Ensure that the contractual terms are crystal clear concerning delivery dates, quality assurances, and compensation for delays.
• Seek Legal Advice: Before making a purchase, especially in light of prior legal issues, consulting a real estate attorney may be prudent.
• Verify Project Status: Regularly check the project's progress before making any payments to understand feasibility and compliance with deadlines.

General Tips for Selecting Any Builder

• Check Credentials: Look for proper registration, licenses, and the builder's history in the business.
• Review Project Samples: Review past projects to evaluate quality and timeliness.
• Understand Payment Plans: Ensure clarity on the payment structure and compliance measures in case of delays.
• Engage in Conversations: Meet with other buyers to share feedback and experiences to get different perspectives on reliability.

In conclusion, while Ashiana Dwelling has established a presence in Haryana, potential buyers should be acutely aware of the potential risks involved. Weighing the track record alongside other builders in the market will ensure a more informed decision.

Analysis of the cases filed against Ashiana Dwelling Private Limited, where the builder lost, revealed significant insights into the common themes and disputes faced by the builder. The cases can be broadly categorized into four topics: Delayed Possession Claims, Refund Disputes, Force Majeure Claims, and Payment Compliance Issues.

The majority of the cases revolved around Delayed Possession Claims, where the complainants sought refunds due to the builder's failure to deliver possession within the agreed-upon time. These claims often cited reasons like court orders and environmental concerns for the delays. However, the authorities consistently ruled in favor of the complainants, indicating a pattern where the builder's excuses for delays were insufficient to meet contractual obligations.

Refund Disputes were another recurring theme. Complainants sought refunds along with interest and compensation for what they termed as "deficiency in services" and damages caused by the builder's inability to fulfill agreements. The builder's claims of having completed significant portions of the project did not stand, as the ruling generally pointed toward an obligation to provide timely possession and refunds thereafter.

The builder frequently invoked Force Majeure Claims, attributing delays to circumstances beyond their control, such as orders from the National Green Tribunal and the COVID-19 pandemic. While it’s essential to acknowledge that certain situations may warrant delays, the consistent disfavor in court rulings suggests that the builder's applications of force majeure were not adequately justified or grounded in legal compliance.

Lastly, several cases highlighted Payment Compliance Issues, where the builder contended that complainants had failed to make payments as per the agreed payment plans. This raised a critical point regarding the builder's need to ensure clear communication and compliance with financial obligations from buyers, as the rulings indicated a precedence for the buyers' rights to timely refunds and possession over the builder's claims of payment discrepancies.

Common reasons for the builder's losses in these cases include insufficient evidence to support their claims, failure to comply with legal and regulatory requirements, and inability to provide timely possession as mandated by agreements. The patterns emerging from these summaries indicate a systemic issue where the builder's operational capacities and adherence to contractual obligations may be inadequate, leading to repeated legal disputes and losses.