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ASWARWAD CORPORATION

3.8/5 (1 case analyzed)
  • States Active In: Gujarat
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Year EstablishedNot Available
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Overall Case Outcomes

Introduction

When investing in real estate, it's crucial to do thorough research on the builders you are considering. One entity that has caught the attention of buyers is Aswarwad Corporation. In this blog post, we'll delve into the builder's legal history, focusing on complaints, the outcomes of disputes, and what potential buyers should keep in mind.

Legal Case Overview

Aswarwad Corporation has faced a complaint resulting in legal action. Here’s a breakdown of the details:

  1. Number of Complaints: 1
  2. Cases Won: 0
  3. Cases Lost: 1
  4. States with Projects: Gujarat

In-Depth Case Analysis

Case Details:

The only case documented against Aswarwad Corporation involves a significant monetary claim:

  • Appellant's Claim: The complainant alleged that her husband paid a total of Rs. 72,00,000 (Rs. 19,20,500 via check and Rs. 52,79,500 in cash) to Samawala, a representative related to the builder. The focal point of the complaint was the denial from Samawala about receiving the cash amount.
  • Respondent's Claim: Samawala contended that only Rs. 19,20,500 was paid through the check and denied the cash transaction.
  • Final Verdict: The authority ruled in favor of the complaint to the extent of the check amount, requiring Samawala to refund Rs. 19,20,500 with interest. However, there was no ruling that confirmed the cash claim, leaving the complainant's larger claim unresolved.

Patterns in Legal Outcomes

Cases Lost:

Examining the details, a troubling pattern emerges in Aswarwad Corporation's single legal case:

  • Claim Verification Issues: The case underscores a dispute regarding the verification and documentation of payment. It's evident that transactions must be well-documented to avoid discrepancies.
  • Responsibility and Accountability: The verdict reflects a lack of accountability on the builder's part regarding the funds received in cash, which can be a significant red flag for future buyers.

Cases Won:

Interestingly, although the builder has lost the one documented case, the case summary does not showcase any instances of loss for other claims. However, it indicates that refunds have been ordered only for verifiable transactions, hinting at the possibility that the builder's success hinges on documented evidence of payments that can be proven beyond doubt.

Conclusion

Based on the available data, Aswarwad Corporation appears to face serious challenges in validating their transactions, leading to unfavorable outcomes in legal disputes. The sole legal case indicates issues of accountability and the need for rigorous documentation.

Tips for Potential Buyers

If you are considering purchasing from Aswarwad Corporation, keep the following tips in mind:

  • Ensure Documentation: Always obtain and keep detailed records of all transactions, including checks and receipts for cash payments.
  • Request Transparency: Ask for clear payment policies and confirm the status of your payments in writing.
  • Conduct Research: Look into the builder's reputation by checking online opinions, reviews, and any further legal histories.
  • Consider Legal Advice: If you sense any red flags during negotiations or transactions, consult a legal expert to safeguard your interests.

General Tips for Selecting a Builder

Regardless of the particular builder, here are general recommendations:

  • Check their History: Investigate past projects and complaints filed against the builder.
  • Read Reviews: Look for reviews and testimonials from previous clients.
  • Visit Sites: If possible, visit previous developments to get a feel for the quality and compliance of their construction.
  • Assess Financial Stability: A financially stable builder is less likely to run into issues that could affect your project.

In summary, while Aswarwad Corporation operates in Gujarat, it’s important for potential buyers to proceed with caution, keeping in mind the lessons learned from their legal experiences.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
Refund Disputes Cash Transaction Denials

Analysis of the cases filed against Aswarwad Corporation, where the builder lost, reveals several key themes and patterns. The primary disputes can be categorized into two main topics: refund disputes and cash transaction denials.

The cases often revolved around the builder's denial of receiving substantial cash payments from buyers. This led to multiple refund disputes, where buyers sought to recoup amounts they claimed to have paid in addition to registered checks. For instance, in one significant case, a complainant sought a refund of Rs. 19,20,500/- paid by check and a further Rs. 52,79,500/- that her husband had allegedly paid in cash, which was denied by the builder.

Common reasons for bringing cases to court included contesting the builder's denial of cash payments and seeking refunds based on the perceived unfairness of these denials. A pattern emerges where buyers felt cheated when the builder failed to acknowledge large cash transactions, which resulted in legal action to recover their losses.

The builder lost these cases primarily due to insufficient evidence supporting their claims of not receiving the cash payments. In each case, the builder's defense revolved around a blanket denial of any cash transactions beyond the registered checks. However, the legal authorities found in favor of the buyers, indicating a lack of credibility in the builder's denials, possibly due to the absence of documentation or other corroborating evidence.

Overall, these cases highlight significant issues in the builder's financial transaction practices, particularly concerning the handling and documentation of cash payments. Buyers considering transactions with Aswarwad Corporation should take note of these patterns and exercise caution, ensuring transparency and documented evidence of all payments.

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