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Overall Case Outcomes
Introduction
In the competitive world of real estate, choosing a builder is a pivotal decision for any property buyer. Understanding a builder's track record in completing projects and their legal history can provide valuable insights into the risks and rewards involved in such investments. One builder worth examining is ASHOKA DEVELOPERS, which has a significant legal history that can impact potential buyers.
Overview of ASHOKA DEVELOPERS
Established in Maharashtra, ASHOKA DEVELOPERS has been involved in multiple legal disputes, with a total of 49 complaints filed against them. Over time, they have won 12 of these cases but unfortunately lost 37, indicating a challenging legal landscape for the builder.
Legal Case Summary
- Total Complaints: 49
- Cases Won: 12
- Cases Lost: 37
Analyzing the Builder's Legal History
To give potential buyers a comprehensive understanding of ASHOKA DEVELOPERS, we will analyze both the cases they have lost and won, identifying any discernible patterns.
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Cases Lost by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
Analysis of the cases filed against Ashoka Developers, where the builder lost, reveals several key points across the two instances.
Firstly, the cases can be grouped into two common themes: financial disputes and consent-based resolutions. The financial dispute theme is highlighted by the first case, where the applicants sought the withdrawal of a significant amount of money (Rs. 3,67,992) deposited with the Tribunal. In this case, the builder's defense was not provided, indicating a potential lack of response or inadequate justification for withholding the funds. The Tribunal's decision to allow the withdrawal based on consent terms suggests a resolution that may have been facilitated by the builder's eventual agreement rather than a contested verdict.
The second theme, consent-based resolutions, is exemplified by both cases where the final verdicts were reached due to consent terms between the parties. This indicates a pattern where disputes may not necessarily reach a …
Individual case details available for subscribers.
Cases Lost by Builder (When Filing)
Yearly Trend for these Cases
Common Topics
The analysis of the cases filed by the builder, Ashoka Developers, which it lost, reveals a troubling pattern indicative of both procedural issues and broader challenges in fulfilling legal obligations. The cases can primarily be categorized into several recurring themes:
- 1. Non-compliance with RERA Regulations: Many of the disputes stemmed from Ashoka Developers’ failure to meet the RERA pre-deposit requirements, which is a critical step in appealing regulatory decisions. This has led to multiple dismissals of appeals due to a lack of compliance with mandatory deposit protocols. Non-compliance not only restricts the builder's ability to contest decisions but also raises concerns about its operational adherence to established regulations.
- 2. Delayed Possession Claims: A consistent issue in the cases involved the delay in possession of flats promised to buyers. In several instances, Ashoka Developers sought to contest orders related to interest claimed by buyers due to …
Individual case details available for subscribers.
Cases Won by Builder (When Filing)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed by the builder, ASHOKA DEVELOPERS, which it won, revealed the following information. The cases primarily revolve around appealing decisions made in the context of various disputes against multiple respondents. These appeals often involve financial obligations, with the builder contesting amounts directed to be deposited, often perceived as unjust or inflated. Additionally, there are implications of regulatory non-compliance raised by respondents, which the builder contests vigorously.
The builder commonly brought these cases to court due to perceived incorrect claims made by respondents regarding financial deposits and other obligations. Many of the disputes arise from what ASHOKA DEVELOPERS considers overreaching claims about payments owed, or challenges to their compliance with regulations that the builder argues have been misrepresented. Patterns that emerge from these claims indicate that the builder is often forced into litigation as a result of disagreements about contractual obligations or interpretations of regulatory …
Individual case details available for subscribers.
Cases Won by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed against the builder, ASHOKA DEVELOPERS, which the builder won, revealed the following information.
The common themes that emerged from these cases include 'Delayed Possession Claims' and 'Miscellaneous Applications and Dismissals'.
The first theme, 'Delayed Possession Claims', involves disputes where buyers sought penalties or compensation due to delays in the possession of flats.
In these instances, the opposing party appealed for interests due to lateness in delivering the property, but the builder was able to uphold the original order granting no such penalties.
The second theme relates to 'Miscellaneous Applications and Dismissals', where cases were dismissed due to insufficient prosecution or lack of merit.
In these situations, the opposing parties failed to present robust arguments or evidence, leading to the dismissal of their claims.
The primary reasons these cases were brought to court center around …
Individual case details available for subscribers.
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