BALAJI FABTECH ENGINEERING PRIVATE LIMITED

Introduction

Balaji Fabtech Engineering Private Limited is a builder that operates primarily in Madhya Pradesh. While the company has only one recorded complaint against it and has lost that case, it’s important to analyze the situation thoroughly for potential buyers considering investing with this firm.

Legal Case Overview

Balaji Fabtech Engineering has been the subject of one legal case to date. The complaint involved allegations of delayed possession of a commercial office by the builder. The applicant sought compensation for the delay, while the builder argued that the delay was due to the applicant's failure to make payments on time. The final verdict found in favor of the applicant, resulting in an order for the builder to pay interest on the consideration amount, alongside compensation.

Case Analysis

Patterns in Lost Cases

In the case that was lost, the primary issue revolved around delayed possession due to alleged non-payment of dues by the applicant. This indicates that issues related to financial agreements are crucial when dealing with Balaji Fabtech Engineering. Potential buyers might consider ensuring that they fully understand the payment schedule and maintain timely payments to mitigate complications.

Patterns in Won Cases

Interestingly, the data provided indicates that Balaji Fabtech Engineering has not won any cases to date. This lack of victories might raise concerns about the company's ability to defend itself in disputes. Buyers should be cautious and conduct thorough due diligence before committing to any projects with the builder.

Conclusion

In conclusion, Balaji Fabtech Engineering Private Limited has faced challenges in legal disputes, culminating in one case where it was ordered to compensate a client. With only one complaint and no victories, potential buyers might view this record with caution. While the builder operates in Madhya Pradesh, they may need to enhance their transparency and client relations.

Tips for Potential Buyers

• Due Diligence: Always research a builder's history and reputation. Look for reviews and feedback from previous clients.
• Clear Agreements: Ensure that payment schedules and possession timelines are clearly outlined in the agreement to prevent any disputes.
• Legal Awareness: Familiarize yourself with the legal framework pertaining to real estate in your state. This knowledge can help you stand your ground if any issues arise.
• Compensation Clauses: Check if there are compensation clauses for delays in possession. Such clauses can protect your interests.

General Tips for Buyers When Selecting a Builder

• Verify Credentials: Check the builder's licensing and registration to ensure they are legally authorized to operate.
• Visit Previous Projects: If possible, visit the builder's ongoing or completed projects to assess workmanship and quality.
• Seek Recommendations: Ask friends, family, or online forums for recommendations about builders with good track records.
• Review Contracts Thoroughly: Before signing any agreement, ensure you understand all the terms and conditions.

Investing in real estate is a significant commitment. By taking these steps and maintaining awareness of the performance of builders like Balaji Fabtech Engineering, buyers can make informed decisions that protect their investments.

Analysis of the cases filed against Balaji Fabtech Engineering Private Limited, where the builder lost, reveals several key themes and key pieces of information across the board. The cases can primarily be grouped into three categories: delayed possession claims, compensation disputes, and payment delays concerning consideration amounts.

The most prominent theme among these cases is the delayed possession claim. In this type of case, the applicant typically alleges that the builder has failed to deliver possession of their commercial or residential property on time. As seen in the provided summary, applicants often seek compensation for these delays, arguing that they have been detrimentally affected by the builder's inability to meet project timelines.

Compensation disputes often arise in conjunction with delayed possession claims. Here, the focus is on the amount of compensation that the builder should pay to the applicant for the distress and financial loss caused by the delay. In the case summarized, the adjudicating officer ruled in favor of the applicant, requiring the builder to pay interest at a rate of 9% per annum on the consideration amount, as well as a compensation fee of Rs. 10,000.

The theme of payment delays and consideration amounts highlights a common defense raised by builders in these disputes. Builders often counterclaim that applicants have failed to pay their consideration amounts on time, which they argue contributes to delays in project completion. However, as evidenced by the outcome of the case, this defense does not invariably succeed, particularly if the builder cannot provide adequate evidence to support their claims or is found to be primarily responsible for the delays.

A pattern that emerges from these cases is that people commonly bring actions against builders when they feel aggrieved by project delays or financial disputes. Builders may attribute delays to other parties, but the underlying reason for the litigation often centers around the builder's failure to adhere to timelines or fulfill their contractual obligations.

The builder’s losses in these cases can typically be attributed to several factors, including:

• Insufficient evidence to support their claims, particularly regarding the responsibility for delays;
• Failure to comply with legal or regulatory requirements governing real estate transactions and project timelines;
• Misunderstandings of their obligations concerning compensation and interest on consideration amounts.

Overall, these findings highlight the importance for prospective buyers to conduct thorough due diligence on builders, examining their track record with respect to timely project completion and resolution of disputes before making any commitments.