BALAJEE INFRASHINE PRIVATE LIMITED

Introduction

Purchasing property can be a daunting endeavor, particularly when it comes to dealing with builders. Today, we dive into the case of Balajee Infrashine Private Limited, a builder with a footprint exclusively in Haryana and a record of legal dealings that potential buyers should be aware of.

Company Overview

Balajee Infrashine Private Limited has so far recorded one complaint filed against it. Remarkably, this complaint was successfully won by the complainant, indicating the builder's initial struggle to fulfill its commitments to clients.

The Legal Case Breakdown

In 2006, a customer booked a shop with Balajee Infrashine for a sale consideration of Rs. 19,07,078/- and made an upfront payment of Rs. 15,40,197/-. However, despite continuous follow-ups over a long span of 16 years, the builder did not deliver possession of the property. Frustrated with the delay, the complainant sought a refund, including interest due to the unprecedented hold-up.

Builder’s Defense

In defense, Balajee Infrashine claimed that construction was ongoing and that they had applied for an Occupation Certificate, yet they failed to provide a specific timeline for possession.

Verdict

Ultimately, the legal authority ruled in favor of the complainant, concluding that Balajee Infrashine had significantly delayed the completion and delivery of the shop due to a breach of contract. They were instructed to refund the total amount paid along with interest as stipulated under Rule 15 of the HRERA Rules, 2017.

Analysis of Legal Outcomes

Common Factors in Cases Won

This case stands out as Balajee Infrashine has won no other cases, signalling potential systemic issues within their operations or management practices. The singular complaint highlights their struggle to deliver properties as promised.

Patterns in Cases Lost

The key pattern in this case involves prolonged delays in project completion, which appears central to the complaint. With no lost cases recorded, the impact of the lone loss raises red flags for potential buyers, suggesting a tendency to breach contractual terms when it comes to timely delivery.

Conclusion

Balajee Infrashine Private Limited’s experience serves as a poignant reminder to prospective buyers of the importance of due diligence before making any commitments. While they only have one recorded complaint, the resolution favors the consumer and underscores challenges in fulfilling contractual obligations.

Tips for Potential Buyers

• Conduct Thorough Research: Always check the builder's past track record and legal case history. A single victory for a complainant may indicate systemic issues.
• Request Clear Timelines: When engaging with any builder, insist on clear timelines for project completion and delivery.
• Understand Your Rights: Familiarize yourself with the authority regulations (like HRERA) as they protect consumer interests.
• Document Everything: Long-term transactions necessitate clear documentation of payments and agreements, ensuring you are covered legally.

General Tips for Selecting Any Builder

• Word of Mouth: Engage with previous customers to gather insights about their experiences.
• Visit Completed Projects: Physical inspection of completed sites can provide a clearer picture of the builder’s quality.
• Legal Scrutiny: If possible, consult with a legal professional specializing in real estate to review contracts before signing.

In the complex world of property purchasing, understanding the reliability of builders like Balajee Infrashine Private Limited can greatly impact your buying decisions.

An analysis of the cases filed by the builder, Balajee Infrashine Private Limited, which it won, revealed the following information.

The primary theme emerging from these disputes is 'Delayed Possession Claims.' In the case summarized, the builder faced claims from a complainant who booked a shop and made significant payments but was left waiting for possession for an extended period of 16 years. This reflects a recurring issue in many transactions within the real estate sector where promised timelines are not upheld, leading to legal disputes.

Additionally, there are cases involving 'Refund Claims' where buyers sought the return of their payments due to non-delivery of property. In such scenarios, builders often contest the claims on grounds of ongoing construction or other regulatory hurdles that impede completion.

Examining the reasons why the builder brought these cases to court indicates a strategy of contesting penalties levied against them, along with disputes relating to project delays which they argue are attributable to factors beyond their control. There appears to be a clear pattern of the builder standing its ground against allegations of misconduct or lacking adherence to construction timelines, arguing that they have met their obligations.

The common reasons for Balajee Infrashine Private Limited's victories in these cases revolve around the opposing parties’ insufficient evidence supporting their claims. Moreover, instances of failure to comply with legal and regulatory requirements on the part of the complainants have been prevalent. The builder has adeptly navigated these situations, often showcasing that allegations made against them may have stemmed from misunderstandings or incorrect assessments of the performance and status of projects.

This sheds light on the builder’s reputation within the broader real estate market. It is not uncommon for builders to be targets of false accusations, leading to potentially distressing legal confrontations. However, Balajee Infrashine Private Limited has established a robust defense against what can sometimes be unwarranted claims.

To potential buyers, the key message is to approach the real estate market with caution and due diligence. While genuine disputes do arise, the analysis of these cases indicates that builders like Balajee Infrashine Private Limited can often prevail against wrongful accusations. Therefore, it is critical for buyers to gather credible information and understand the context behind any claims before jumping to conclusions regarding a builder's integrity.