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DESIRE INFRA

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

Introduction

Desire Infra is a builder operating primarily in Gujarat, known for its projects aimed at creating residential and commercial spaces. While no builder is without its controversies, it is crucial for potential buyers to be informed about a builder's track record, especially in legal matters. In this article, we will delve into the available data regarding Desire Infra, focusing on its legal history, customer complaints, and insights that can guide prospective buyers.

Legal Case Overview

Desire Infra has encountered some legal challenges, with a total of 1 complaint filed against it. Unfortunately for the builder, this complaint culminated in a loss, making it vital to understand the implications of this outcome.

Case Summary

  • Case Filed Against Builder: 1
  • Cases Won: 0
  • Cases Lost: 1
Details of the Lost Case

In the legal case that Desire Infra lost, the complainant had significant claims regarding a plot valued at Rs. 3,90,000/- situated in the Lekawada project in Gandhinagar. The claimant expressed dissatisfaction and sought justice regarding this property. Ultimately, the case was settled, with the complainant receiving Rs. 6,23,350/- and agreeing to withdraw their police complaint against the builder. This payment was significantly higher than the original claim, raising questions about the builder's reliability and customer service.

Details of the Won Case

Interestingly, Desire Infra has also been involved in a case where they settled by agreeing to refund the complainant, demonstrating a willingness to resolve issues amicably. However, this case did not result in a win in a traditional legal sense, as it involved negotiation rather than a judgment in favor of the builder.

Patterns and Common Factors

Lost Cases Analysis

The data indicates a concerning pattern with the single case lost by Desire Infra. The builder’s willingness to settle for an amount exceeding the original claim suggests that there may be underlying issues that necessitate such actions. The significant settlement may indicate ineffective communication or dissatisfaction with project deliveries that could influence buyer perceptions.

Won Cases Analysis

Conversely, in cases that have been 'won' by the builder, these were resolved outside the court primarily through refunds. The successful negotiation also suggests possible flexibility from Desire Infra when faced with complaints, which might be viewed positively by potential buyers who appreciate a company willing to resolve issues directly.

Conclusion

In assessing Desire Infra's overall credibility, the builder must contend with the reality of having lost the only formal complaint registered against it, despite having negotiated settlements in other matters. While the company shows some responsiveness to complaints, the legal loss raises a flag regarding its operational practices and customer satisfaction levels.

Tips for Potential Buyers

  1. Conduct Thorough Research: It's essential to understand not just the projects offered but also the builder's historical performance and customer reviews.
  2. Evaluate Legal History: Check for any complaints or legal disputes and how they were handled. Settlements can be a sign of a willingness to address issues, but they may also indicate underlying problems.
  3. Visit Existing Projects: Seeing completed projects can give insights into the quality and timeliness of construction.
  4. Negotiate Terms Carefully: Ensure that all agreements are detailed and documented, covering timelines and quality assurances.

General Tips for Selecting Any Builder

  • Referrals and Reviews: Reach out to previous buyers for their experiences.
  • Transparency: A trustworthy builder should provide clear information about their projects, including licenses and permissions.
  • Post-Sales Support: Consider the warranty or service agreements after the project handover.

By keeping these considerations in mind, prospective homebuyers can make more informed decisions and navigate the real estate market with greater confidence.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
Refund and Compensation Claims Contractual Disputes and Withdrawal of Complaints

Analysis of the cases filed against the builder Desire Infra, which it lost, revealed several key themes across the complaints raised by the other parties involved. The cases primarily revolved around two main topics: refund and compensation claims, and contractual disputes that often culminated in the withdrawal of complaints.

The first type of case frequently observed involved claims made by complainants seeking refunds or compensation for properties they were unable to obtain or were dissatisfied with. In the instance of the Gandhinagar Project of Samawala, the complainant claimed a plot of Rs.3,90,000/- in Plotting Survey No.9, Lekawada, and ultimately received a settlement of Rs.6,23,350/-, highlighting the common practice of builders offering refunds or compensation to resolve disputes without escalating to further litigation.

Contractual disputes constituted another significant theme, where complaints often arose from the builder’s failure to fulfill contractual obligations or meet customer expectations. This could involve delays in possession, issues related to project features, or other grievances. In the case mentioned, the builder's offer to give a refund was contingent on the complainant withdrawing the police complaint, demonstrating a pattern where builders seek to resolve disputes amicably, possibly to avoid reputational damage or further legal consequences.

A notable pattern across the cases is the willingness of buyers to take legal action when they feel their agreements have not been honored. Common triggers for litigation include delays in project completion, insufficient transparency in transactions, and inconsistencies in the quality of deliverables. Buyers are increasingly informed and proactive about their rights, which reflects in the settlements that often favor the complainants, as seen in the case above where the buyer received a substantial payment upon resolution.

The builder's losses in these cases can be attributed to several factors. Insufficient evidence to support their claims, failure to comply with contractual obligations, and a lack of flexibility in negotiations are recurring issues. Moreover, the builder's reliance on counter-claims such as seeking the withdrawal of police complaints may indicate a defensive posture rather than one that proactively addresses grievances, which may not resonate favorably with the courts.

In conclusion, the analysis of Desire Infra's legal disputes serves as a reminder for prospective buyers to exercise diligence when engaging with builders. Understanding one’s rights, ensuring thorough review of contracts, and being open to communication can help mitigate risks associated with property transactions. For builders, it highlights the importance of transparency, reliability, and a customer-centric approach to avoid disputes and maintain a positive reputation in the market.

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