DHARMAJIVAN INFRASTRUCTURE DWARKESH

Introduction

When it comes to choosing the right builder for your dream home, thorough research is crucial. One such builder based in Gujarat is Dharmajivan Infrastructure Dwarkesh, which has caught the attention of potential buyers due to its project offerings and legal track record. In this post, we will delve into the complaints filed against this builder, analyze the outcomes of legal cases, and provide key insights for prospective buyers.

Legal Performance Overview

Dharmajivan Infrastructure Dwarkesh has faced legal scrutiny, reflected in the number of complaints against it. The builder has recorded one significant complaint and has a mixed record of legal outcomes. Here’s a closer look at the results of their legal cases:

1. Complaints Against the Builder: 1
2. Cases Won: 0
3. Cases Lost: 1

Legal Case Details

The sole case against Dharmajivan Infrastructure Dwarkesh involved claims of violation regarding advertising standards under the Real Estate (Regulation and Development) Act, 2016. The appellant stated that the builder failed to mention the RERA website and their registration number in their advertisement. While the builder contended that this was not a willful violation, the final verdict resulted in a fine of Rs. 1,25,000 for the infringement. This indicates a failure to adhere to regulatory guidelines, raising red flags for potential buyers.

Case Analysis

Patterns in Cases Lost

• Regulatory Compliance: The case lost by Dharmajivan Infrastructure Dwarkesh highlights a significant issue with compliance to legal advertising requirements. The fine imposed suggests that such oversights could be systemic rather than isolated incidents.

Patterns in Cases Won

• Defensive Claims: In this scenario, the builder asserted that the violation was not willful, potentially showcasing a strategy to mitigate damages by accepting fault.
• The single case summary indicates that the builder may not have strong defenses in comparable future cases, since they were deemed responsible for their actions despite their arguments.

Conclusion

Based on the provided data, prospective buyers should approach Dharmajivan Infrastructure Dwarkesh with a degree of caution. The existence of a legal complaint, and the resultant penalties indicate possible lapses in adherence to statutory regulations. Maintaining vigilance when exploring new projects is essential.

Tips for Potential Buyers

1. Conduct Thorough Research: Before making any commitments, dig deep into the builder's past projects, customer reviews, and any legal issues.
2. Verify RERA Registration: Ensure that the builder's projects are registered under RERA and always check the project details against the RERA website.
3. Seek Legal Advice: Consult with a legal expert to understand the implications of any legal history associated with the builder. This can provide clarity and may save potential hassles down the line.

General Tips for Selecting a Builder

• Check Reputation: Seek feedback from previous homebuyers and consult online platforms for reviews.
• Evaluate Project Quality: Visit ongoing or completed projects to gauge the quality of construction and design.
• Clarify Contracts Thoroughly: Always read the fine print in contracts, and don't hesitate to ask questions regarding terms and conditions.

In conclusion, while Dharmajivan Infrastructure Dwarkesh presents an option for homebuyers in Gujarat, caution is warranted due to its legal history. Knowledge is power, and the more informed you are, the better choices you can make in your home-buying journey.

Analysis of the cases filed against Dharmajivan Infrastructure Dwarkesh, where the builder lost, revealed several key themes across the disputes. The cases primarily revolved around two critical topics: regulatory non-compliance and violations of the Real Estate (Regulation and Development) Act, 2016 (RERA).

The first type of cases involved regulatory non-compliance, particularly concerning the builder's obligation to provide transparency in advertising. As highlighted in the summaries, the builder was found to have violated Section 11(2) of RERA by failing to mention the RERA website and registration number in their advertisements. This reflects a broader pattern of neglecting regulatory requirements, which is a common theme in real estate disputes.

The reasons people brought cases to court primarily centered around contesting the builder's actions that undermined transparency and compliance. In the cited case, the appellant claimed the violation was significant enough to warrant a penalty, indicating a growing concern among buyers regarding adherence to RERA and other regulatory standards. The builder's defense—that the violation was not willful—suggests an attempt to downplay the severity of the breach, which is a typical strategy in these types of disputes.

The common factor leading to the builder's loss in these cases was the evident non-compliance with legal standards. The acceptance of the defect in the advertisement acknowledged the shortcoming, but the imposition of a fine (Rs. 1,25,000) underscores the legal system's commitment to enforcing RERA. Insufficient evidence to support a willful violation may have reduced the penalty, but the verdict still emphasizes the importance of regulatory adherence in real estate advertising.

In conclusion, the analysis highlights the need for buyers to be vigilant when engaging with builders who may have a history of regulatory non-compliance. Understanding these themes can empower buyers to make informed decisions and encourage builders to uphold their legal obligations.