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CIVILCO ENGINEERS AND ASSOCIATES

  • No of Complaints: 7
  • States (Active in): Goa, Maharashtra
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Year Established Not Available
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Introduction

In the realm of real estate construction and development, the reputation of a builder is critical to potential homebuyers and investors. In this article, we delve into the background of Civilco Engineers and Associates, examining their legal history and performance to provide a comprehensive overview for prospective clients.

Builder Overview

Civilco Engineers and Associates operates primarily in the states of Goa and Maharashtra. With a total of 7 complaints against them, the builder has been involved in 7 legal cases. Out of these, they won 3 cases and lost 4. Understanding the context and details surrounding these cases is crucial for assessing their reliability as a builder.

Legal Case Details

Cases Filed by the Builder

  1. Lost Case (1): The builder filed a case but lost due to failure to comply with the RERA Act, 2016, as indicated by an appeal dismissed for not meeting specific requirements.
  2. Won Cases (2): The builder managed to win two cases, although in both instances, the rulings were not entirely favorable. The verdicts primarily involved compliance issues. In one case, the builder was directed to adhere to compliance within a given timeframe, signaling ongoing scrutiny of their project management practices.

Cases Filed Against the Builder

  1. Lost Case (1): This case involved a complainant alleging that the builder failed to register several real estate projects with the Goa RERA. In this instance, the builder defended itself by stating that necessary completion certificates were obtained prior to the RERA deadline, which led to the complaint being dismissed.
  2. Won Cases (3): The builder fared better in cases filed against them. The decisions favored them largely over issues related to possession and delays. In each of these outcomes, the authority often recognized deficiencies in the complainant's claims, illustrating a pattern of success in cases where the terms of agreements were clearly contested.

Analysis of Legal Patterns

Patterns in Lost Cases

Analyzing the lost cases, it appears that a common factor is a failure to comply with regulatory requirements under the RERA Act. In cases where the builder was petitioning to counter claims, the outcomes hinged on compliance and registration issues which may reflect organizational challenges in understanding or adhering to real estate regulations.

Patterns in Won Cases

Conversely, the builder's success in the three cases filed against them hinged primarily on contesting the binding nature of agreements and the details surrounding possession. The findings point to a strong defense strategy focused on establishing the terms of contracts as critical in determining outcomes, often resulting in a favorable verdict for the builder when the claims for possession were contested.

Conclusion

Overall, Civilco Engineers and Associates represents a mixed bag for potential buyers. While they have faced several complaints and legal cases, their ability to win legal disputes—especially when contesting the basis of claims against them—reflects positively on their operational practices in certain instances. However, the losses indicate areas for improvement, particularly in compliance and project registration under relevant regulatory frameworks.

Tips for Potential Buyers

  1. Due Diligence: Research the builder’s past projects and legal history thoroughly. Pay attention to any patterns that could affect your investment.
  2. Review Contracts: Ensure that all agreements are clear and unambiguous. Seek legal advice if needed to fully understand the implications of the contract terms.
  3. Regulatory Compliance: Verify the builder’s adherence to regulatory bodies like RERA to avoid any surprise issues in the future.

General Tips for Selecting a Builder

  1. Past Performance: Investigate the builder’s history of completed projects, feedback from homeowners, and any legal issues.
  2. Reputation: Look for a builder with a solid reputation among clients and in the industry. Online reviews, word of mouth, and client testimonials can reveal much.
  3. Transparency: Choose a builder who is open about their processes, timelines, and compliance. Transparency fosters trust and promotes smoother transactions.

In sum, while Civilco Engineers and Associates has demonstrated strength in certain legal areas, potential buyers are advised to proceed with caution and perform extensive research before making any commitments.

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Delayed Possession Claims Disputes Over Sale Agreements Penalties for Delayed Possession

Analysis of the cases filed against Civilco Engineers and Associates, where the builder lost, reveals several key themes across the various legal disputes. The cases primarily revolve around delayed possession claims, disputes over the nature of sale agreements, and the imposition of penalties for delays.

Many of the claims made by the complainants in these cases focus on the delayed possession of flats. For instance, there are repeated claims for interest on delayed possession, damages for the upkeep, and other related expenses. This highlights a significant pattern where the builder has faced scrutiny for failing to deliver completed units to the buyers within the stipulated timelines.

Another recurring theme is the builder's defense that the agreements signed were not for the sale of flats but rather for securing investment repayments. This indicates a fundamental communication gap or a potential misrepresentation of the agreement's purpose, leading to disputes over the very nature of the transaction.

Penalties imposed by the authorities for delayed possession and violations of other regulatory requirements also stand out in these cases. The directs from the adjudicating bodies suggest that the builder has faced challenges in adhering to the established regulations governing real estate transactions, which further aggravates the grievances of the other parties involved.

The common triggers for litigation in these cases seem to stem from financial disputes, delays, and contractual misunderstandings. Buyers have often found themselves in disputes over compensation for delays, with many seeking damages for the prolonged duration in which they were unable to possess their properties.

The builder's losses in these cases can be attributed to several factors, including a lack of compelling evidence to support their claims, non-compliance with the agreed-upon terms, and failure to meet regulatory standards. The consistent failure to deliver possession on time and as per the agreement has been a critical factor in these legal outcomes.

In conclusion, the cases against Civilco Engineers and Associates reflect broader issues often encountered in real estate, such as the importance of clear agreements, adherence to timelines, and regulatory compliance. Buyers should remain vigilant and thoroughly informed about their rights and the obligations of builders before entering into any agreements.

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
4/RERA/Adj. Matters… Goa The applicant/complainant filed a claim for compe… ["Delay in possessi… {"appellant_claim": "The applicant/complainant cl… Francy Agnelo Gonsa… Civilco Engineers a… https://rera.goa.gov.in/reraApp/ComplaintOrder?IMG_PATH=OEZla9RHvFB/3FObsFBv+w==
3/RERA/Complaint(34… Goa The complainant filed a complaint against the res… ["Possession of fla… {"appellant_claim": "The complainant claimed that… Mr. Francy Agnelo G… Civilco Engineers a… https://rera.goa.gov.in/reraApp/ComplaintOrder?IMG_PATH=L1bILqRyycfs96FHpT99Rg==
Regulatory Non-compliance Penalties for Project Delays Litigation Over Contractual Obligations Disputes Related to RERA Compliance

An analysis of the cases filed by the builder Civilco Engineers and Associates, where it unfortunately lost, reveals several insights worth noting. The cases can be grouped into common themes that reflect the builder's primary disputes with clients and regulatory bodies.

  1. Regulatory Non-compliance: One of the recurring issues in the builder's disputes relates to non-compliance with the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA). In particular, an appeal was dismissed due to the builder's failure to comply with the requirements set forth by this regulatory framework, indicating a possible lack of understanding or disregard for legal protocols governing real estate operations in the region.
  2. Penalties for Project Delays: The builder has faced challenges surrounding penalties related to project delays. Cases in this category typically involve disputes over who is at fault for delays—whether they were within the builder's control or attributed to third-party issues. It appears that the builder often contests such penalties, which can suggest a defensive stance taken when facing accountability.
  3. : Several disputes revolved around contractual obligations, with the builder likely seeking to clarify or contest specific obligations that they believed were unfairly imposed or misunderstood. However, these attempts often fell short in court, pointing to a potential gap in communication or expectation management between the builder and its clients.
  4. Disputes Related to RERA Compliance: Similar to the regulatory non-compliance theme, issues have also arisen directly linked to the builder's adherence to RERA stipulations, further confirming a trend in this domain.

Commonly, these disputes arise when the builder intends to contest penalties imposed due to alleged delays or breaches of contracts, or when disagreements occur over land classification and project requirements. The builder seems to engage in litigation to shield themselves from financial repercussions or to push back against claims made by clients, which highlights a proactive yet sometimes problematic approach to addressing grievances.

However, it is important to note the reasons behind the builder's losses in these cases. Frequently, the outcomes suggest weaknesses such as insufficient evidence to support claims made in their favor, a failure to comply with legal stipulations, and not following interim judicial directions. These losses not only indicate a recurring pattern of litigation mismanagement but also underscore the necessity for the builder to strengthen their compliance practices and improve communication with clients to avoid future disputes.

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
15] M.A. No. 615/23… Maharashtra Appeal dismissed for want of compliance of provis… ["RERA Act complian… {"appellant_claim": "Not provided", "respondent_c… Civilco Engineers A… Francy Agnelo Gonsa… https://drive.google.com/uc?id=1_7u7tTwF_a4U95BAifM2JBNPjbMM3mnK
Compliance with Legal Provisions Regulatory Disputes Challenges Against Penalties

An analysis of the cases filed by the builder, Civilco Engineers and Associates, which it won, revealed the following information. The summaries indicate several key themes reflecting the nature of disputes in which the builder found itself involved.

  1. Compliance with Legal Provisions: Several cases involved the builder seeking compliance with regulatory provisions. For instance, one notable case featured the builder seeking an extension to comply with a legal Proviso, ultimately indicating the proactive measures they took to align with legal expectations.
  2. Regulatory Disputes: The builder faced off against orders issued by regulatory bodies, as seen in a case against the Goa RERA order. This highlights the builder's attempts to navigate through the regulatory landscape, sometimes in disagreement with regulatory determinations.
  3. Challenges Against Penalties: The builder frequently contested penalties, seeking to either delay or dismiss financial penalties imposed by authorities. This shows an underlying concern for maintaining their financial health and business viability.

Throughout these summaries, it is evident that the builder commonly brought these cases to court to contest penalties, disagree over regulatory definitions, and assert compliance timelines. Patterns suggest that disputes often arose from misinterpretations or miscommunications with regulatory bodies or third parties, leading to judicial intervention as a means of resolving conflicts. The builder’s tenacity in pursuing these cases speaks to a larger strategy of resourcefulness and assertive defense.

In terms of winning these cases, the builder's success can largely be attributed to several factors. Frequently, opposing parties failed to provide sufficient evidence to back their claims, which left the builder in a favorable position. In cases involving regulatory disputes, non-compliance with interim directives from the builder provided further grounds for dismissal or favorability in judgments. Moreover, it appears there were misunderstandings regarding project classifications that the builder leveraged to strengthen its position.

From this analysis, we can glean valuable insights about the builder’s reputation within the real estate market. It is not unusual for buyers to make accusations that may not be substantiated, often leading to spurious legal actions. Civilco Engineers and Associates, based on these decisions, has demonstrated a firm grasp of legal frameworks, effectively defending itself against what could be considered unjust claims.

In conclusion, potential buyers are urged to exercise caution and perform thorough due diligence before making decisions about builders. While legitimate disputes do occur within this sector, the evidence indicates that builders such as Civilco Engineers and Associates can defend their positions convincingly. Hence, it is essential for buyers to approach claims with a critical eye and seek reliable information to form an informed opinion about a builder's reliability and 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
G-17/2023 Maharashtra Appellant, a promoter, filed an appeal against a … ["Pre-deposit", "RE… {"appellant_claim": "The appellant claimed agains… Civilco Engineers A… Francy Agnelo Gonsa… https://drive.google.com/uc?id=1CbhKGMeCJQ7acwcXN-Zv1cR7pGjQiu6p
G-17 of 2023 Maharashtra Appellant seeks one month time for compliance of … ["Compliance of Pro… {"appellant_claim": "Appellant seeks one month ti… Civilco Engineers a… Francy Agnelo Gonsa… https://drive.google.com/uc?id=1eY754fJxLK9E6PXbS9U-4m4jAhUXcyDf
Regulatory Non-compliance Project Completion Certificates Disputes Over Registration Requirements

An analysis of the cases filed against the builder, Civilco Engineers and Associates, which the builder won, revealed the following information:

The disputes primarily revolve around regulatory non-compliance, particularly related to the registration of ongoing projects. In this specific case, the complainant alleged that Civilco failed to register seven ongoing projects with the Goa Real Estate Regulatory Authority (RERA), which is a violation of the Real Estate (Regulation and Development) Act, 2016. However, the builder countered that five of these projects had received completion certificates prior to the cutoff date for registration and thus were exempt from such requirements. This case falls under the themes of 'Regulatory Non-compliance' and 'Project Completion Certificates'.

These cases are often brought to court by buyers or regulatory bodies contesting penalties, asserting claims of project delays, or disputing the classification of projects—specifically whether they are subject to certain rules or not. In the examined case, the complaint was aimed at enforcing compliance with the registration regulations of ongoing real estate projects, highlighting a common pattern where buyers may misunderstand the legal requirements tied to project registration.

Civilco Engineers and Associates successfully defended themselves against these claims, primarily due to the lack of sufficient evidence on the opposing side regarding the necessity of registration for the projects in question. The existence of completed project certificates played a crucial role in the verdict, illustrating that the builder adhered to pre-established regulations and timelines. This underlines a consistent theme of the opposing parties sometimes misinterpreting or misrepresenting the governing regulations, leading to claims that may not hold up under legal scrutiny.

The outcomes of these cases reveal a broader insight into the builder’s reputation and the marketplace dynamics. It demonstrates that builders like Civilco Engineers and Associates are equipped to handle legal disputes effectively, often successfully defending against unfounded or exaggerated claims from buyers or other entities. This situation not only showcases the builder's robust defensive strategy but also serves as a reminder that buyers should exercise caution; misunderstandings can escalate into legal challenges that may not reflect the builder’s actual practices or integrity.

To potential buyers, this analysis emphasizes the importance of conducting thorough research and approaching claims against builders with a critical eye. While genuine issues do exist within the real estate sector, the ability of Civilco Engineers and Associates to successfully navigate these disputes suggests a solid foundation of compliance and reputation. Buyers are advised to seek reliable information and make informed decisions, ensuring they are not swayed by potentially unfounded allegations.

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
3/RERA/Complaint(28… Goa The complainant alleged that the respondent had n… ["Real estate regis… {"appellant_claim": "The complainant alleged that… Shri Kashinath Jair… Civilco Engineers a… https://rera.goa.gov.in/reraApp/Orderimage?IMG_PATH=Cj3Z3y0wgYPVSsGV/95tAg==

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