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ASHIANA HOUSING LIMITED

  • No of Complaints: 20
  • States (Active in): Haryana, Rajasthan, Tamil Nadu
CIN L70109WB1986PLC040864
Year Established 25-Jun-86
Address 5F EVEREST, 46/C, CHOWRINGHEE ROAD KOLKATA Kolkata WB 700071 IN
Company Status Public

Introduction

When considering a property purchase, it's crucial to assess the reliability of the builder in question. One such builder is Ashiana Housing Limited, which has had its share of legal disputes. This post dives into the builder's performance based on legal case data, highlighting both the successes and challenges faced by potential homeowners.

Overview of Ashiana Housing Limited

  • Number of Complaints: 20
  • Cases Won: 12
  • Cases Lost: 8
  • States with Projects: Haryana, Rajasthan, Tamil Nadu

With a notable number of cases filed against them, understanding the nature of these disputes can provide valuable insights for prospective buyers.

Legal Case Details

Cases Filed Against the Builder

Losses: 8 Cases

Examining the cases where Ashiana Housing Limited lost, several key patterns emerge:

  1. Completion and Documentation Issues: A significant number of cases centered around the completion of projects and the submission of necessary documentation. The builder often faced complaints about documents not being submitted timely or properties not being completed as promised.
  2. Refund Claims: Applicants consistently sought refunds of their principal amounts, which indicates dissatisfaction with the services or products delivered by the builder.
  3. Penalties: In some cases, the builder was found in violation of regulatory obligations, leading to penalties, further indicating challenges in project management and compliance with legal frameworks.

Wins: 12 Cases

On the other hand, Ashiana Housing Limited has demonstrated strengths by winning a number of cases. Common factors in these victories include:

  1. Clear Documentation: In instances where the builder provided adequate documentation and evidence of project completion, they were favored by the authorities, showcasing the importance of proper record-keeping.
  2. Affirmative Action: Many cases were won due to the authority siding with the builder's claims that buyers had either failed to make payments or did not adhere to the terms of agreements.
  3. Natural Justice Concerns: A couple of cases were won on procedural grounds where the authority was found to have violated principles of natural justice, indicating the builder's ability to leverage legal frameworks effectively.

Conclusion

Overall, Ashiana Housing Limited presents a mixed bag based on the provided legal data. While the builder has managed to win more cases than they have lost, the significant number of complaints and lost cases suggests potential red flags that buyers should consider.

Tips for Potential Buyers

  1. Research and Verify: Always carry out thorough research on the builder’s history and track record in handling customer complaints.
  2. Review Legal Agreements: Familiarize yourself with the legal implications of any agreements before signing. Ensure clarity on refund policies and completion dates.
  3. Check for Complaints: Look up case outcomes and any reported issues with the properties you are considering.
  4. Engagement: Always keep communication lines open with the builder and insist on regular updates regarding project timelines and documentation status.

General Tips for Selecting Any Builder

  • Reputation Matters: Work with builders who have proven track records with low complaint ratios.
  • Understand Regulatory Compliance: Ensure that the builder is compliant with the latest regulations and provides necessary documentation such as completion certificates.
  • Legal Advice: If in doubt, consult with a legal expert, especially for significant financial commitments like property purchases.

In making an informed decision about a property purchase from Ashiana Housing Limited or any other builder, paying attention to these details can safeguard your investment and lead to a positive home-buying experience.

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Delayed Possession Claims Violations of Natural Justice Refund and Compensation Disputes Compliance with Regulatory Requirements Disputes over Management Deposits
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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
F 3(312)RJIRERAIPI2… Rajasthan The respondent, Ashiana Housing Ltd., was found t… ["Non-completion of… {"appellant_claim": "", "respondent_claim": "The … Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/8594F.3(312).pdf
4572 of 2022 Haryana Complainant sought refund of Rs. 19,56,090/- with… ["Refund for delaye… {"appellant_claim": "Complainant claimed refund o… Sh. Avinash Chandra… Ashiana Housing Lim… https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTQ2ODE3
Outstanding Payment Claims Cancellation of Allotments Forfeiture of Deposited Amounts Delayed Possession Disputes

An analysis of the cases filed by the builder, which it won, revealed the following information. The disputes primarily center around several common themes: Outstanding Payment Claims, Cancellation of Allotments, Forfeiture of Deposited Amounts, and Delayed Possession Disputes. Each of these themes highlights distinct yet recurring challenges faced by the builder, Ashiana Housing Limited, in the course of its operations.

In the category of Outstanding Payment Claims, the builder frequently contended that allottee respondents failed to make necessary payments. The builder's claims often resulted in court decisions that upheld the builder's right to demand payments, especially when allotters claimed that possession had been delayed. On the other hand, the second theme, Cancellation of Allotments, emerged in cases where the builder sought to cancel allotments due to non-payment. In these instances, the authority generally favored the builder, as seen in the cancellation verdicts granted.

The Forfeiture of Deposited Amounts theme also played a significant role in these disputes. In multiple cases, the builder successfully argued for forfeiture of deposits when respondents failed to adhere to their financial obligations. Finally, Delayed Possession Disputes indicate that while buyers often assert claims of delayed possession, the resolutions tended to favor the builder, based on evidence of non-payment or contractual breaches by the respondents.

Common reasons for the builder bringing these cases to court included contesting penalties for alleged delays, disputing claims over issued penalties, or disagreements over payments due based on contractual obligations. Patterns from these cases reveal that the builder often faced exaggerated claims from buyers who had not fulfilled their financial commitments.

The builder's success can often be attributed to factors such as the respondents' insufficient evidence, their non-compliance with legal obligations, or failure to respond adequately to the builder's claims. Moreover, the cases suggest that Ashiana Housing Limited effectively defended itself against what could be construed as unjust or unfounded accusations.

This analysis sheds light on Ashiana Housing Limited's reputation in the broader real estate market. It suggests that, although there are genuine disputes within the industry, buyers can sometimes exaggerate their claims against builders. The case outcomes indicate that Ashiana has a formidable track record of standing firm against unwarranted claims.

To potential buyers, this analysis underscores the importance of making informed decisions when considering real estate purchases. While disputes can and do arise, the history of Ashiana Housing Limited suggests that they have the capability to defend their interests vigorously. Therefore, it is crucial for buyers to scrutinize claims carefully and seek reliable information before forming a conclusive opinion regarding 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-N-2023-6… Rajasthan The complainant-promoter, Ashiana Housing Limited… ["Cancellation of b… {"appellant_claim": "The complainant-promoter cla… Ashiana Housing Lim… Dinesh Kumar Upadhy… https://rera.rajasthan.gov.in/Content/pdf/11562023-6631.pdf
RAJRERA-C-N-2023-66… Rajasthan The promoter, Ashiana Housing Limited, cancelled … ["Cancellation of a… {"appellant_claim": "The promoter claimed that th… Ashiana Housing Lim… Shweta Singh https://rera.rajasthan.gov.in/Content/pdf/78592023-6632.pdf
RAJ-RERA-C-N-2024-7… Rajasthan Complaint against Ashiana Housing Ltd for not pay… ["Non-payment of ou… {"appellant_claim": "The complainant sought cance… Ashiana Housing Lim… Narendra Kumar https://rera.rajasthan.gov.in/Content/pdf/8362RAJ-RERA-C-N-2024-7080.pdf
Completion Certificate Dismissals Project Timeliness Disputes Refund Claims and Investor Rights Regulatory Compliance and Documentation

An analysis of the cases filed against the builder Ashiana Housing Limited, which the builder won, revealed the following insights.

The disputes primarily revolved around four common themes: Completion Certificate Dismissals, Project Timeliness Disputes, Refund Claims and Investor Rights, and Regulatory Compliance and Documentation.

Firstly, under the theme of Completion Certificate Dismissals, several cases surfaced where the appellant claimed that the builder did not provide proper completion certificates or completed the project on time. However, the builder defended effectively by showing sufficient documentation, including completion and occupancy certificates, negating allegations of non-compliance. In multiple instances, these certificates were presented well before the dates provided in official registrations, leading to the dismissal of the complaints against them.

Secondly, the theme of Project Timeliness Disputes was prominent, with claims asserting that the builder failed to meet projected timelines. In these cases, the builder was able to prove that the projects were completed on time, supported by documentation showcasing verified dates of completion and occupancy permissions. Consequently, the complaints regarding project delays were dismissed.

The third theme revolves around Refund Claims and Investor Rights. Several complaints stemmed from applicants seeking refunds due to purported project delays or non-compliance with contractual obligations. Yet, the builder showcased that it had fulfilled its commitments within stipulated timelines, thus, the demand for refunds was rejected. These findings indicate that the applicants were possibly misinformed about their entitlements or the legitimacy of their claims.

Lastly, Regulatory Compliance and Documentation emerged as a vital theme. Many disputes were originally filed based on inadequate submissions or misunderstandings of the documentation required under the regulatory framework. The builder often successfully defended its stance by providing proof of compliance with all regulatory requisites and submitting necessary documents timely.

Patterns from these case outcomes suggest that the complaints tend to rise from misunderstandings regarding project timelines or the regulatory framework rather than substantial failures on the part of the builder. A recurring reason for Ashiana Housing Limited's success in court is the opposing parties' inability to meet the evidentiary requirements laid out in real estate regulations or effectively structure their claims.

This analysis paints a positive picture of Ashiana Housing Limited's reputation within the real estate market. It underscores a robust capability for defending against potentially false or exaggerated claims. Therefore, buyers should carefully consider the integrity of the claims made against builders and approach accusations with caution. While the real estate market is rife with legitimate disputes, this analysis demonstrates that builders like Ashiana Housing Limited can often defend themselves against unfounded allegations, indicating a strong track record.

In conclusion, potential buyers are encouraged to undertake thorough research and consider verified information before forming opinions about a builder’s trustworthiness. Informed decisions hold paramount importance in navigating the complexities of real estate transactions.

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-2018-2304 Rajasthan The applicant, John F Williams, filed a complaint… ["Real Estate Dispu… {"appellant_claim": "The applicant claimed that t… John F Williams Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/John F Williams.pdf
RAJ-RERA-C-2018-2317 Rajasthan The applicants booked a flat in the project of th… ["Refund of advance… {"appellant_claim": "The applicants claimed refun… Amita Mathur Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/Sushil Kumar(1).pdf
F.3(30)/2017 Rajasthan The Rajasthan Real Estate Regulatory Authority di… ["Discharge of noti… {"appellant_claim": "", "respondent_claim": "The … Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/65483(30) 2017.pdf
F.3(31)/2017 Rajasthan The Rajasthan Real Estate Regulatory Authority di… ["Discharge of Noti… {"appellant_claim": "The Authority claimed that t… Rajasthan Real Esta… Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/53293(31) 2017.pdf
CX-2021/24 Rajasthan The case was restored to its original number afte… ["Restoration of Ca… {"appellant_claim(in detail)": "The appellant cla… Suo Moto Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/8693F.3(312)--.pdf
F. 3(312)RJ/RERA/PI… Rajasthan The case was restored upon the application of the… ["Project Completio… {"appellant_claim": "", "respondent_claim": "The … Ashiana Housing Lim… https://rera.rajasthan.gov.in/Content/pdf/4455F.3(312)-.pdf

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