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DHOOT INFRASTRUCTURE PROJECTS LIMITED

  • No of Complaints: 9
  • States (Active in): Haryana
CIN U45201WB2005PLC218839
Year Established 13-Jun-05
Address 5, J.B.S. Halden Avenue Silver Arcade, 2nd Floor, Room No. S2 Kolkata Kolkata WB 700105 IN
Company Status Public

Introduction

Dhoot Infrastructure Projects Limited is a builder operating primarily in Haryana. Like many construction companies, it has faced legal challenges from buyers. In this blog post, we will explore the complaints against Dhoot Infrastructure, analyze case outcomes, and offer insights for potential buyers.

Overview of Legal Complaints

Dhoot Infrastructure Projects Limited has accumulated a total of 9 complaints to date. Disturbingly, the builder has not won a single case, with all 9 cases resulting in losses. This raises concerns for prospective buyers considering investment in property from this builder.

Cases Filed and Lost

Dhoot Infrastructure has lost 3 cases where complaints were filed against them. The primary pattern in these cases is centered around claims of payment disputes:

  • Common Factors in Lost Cases:
    • Payment Disputes: All three cases involved complaints from the appellant asserting that they had fulfilled their payment obligations. However, the builder consistently countered with claims regarding the absence of proper pre-deposit as mandated by the Real Estate (Regulation and Development) Act, 2016.
    • Dismissal of Appeals: Each appeal was ultimately dismissed due to the lack of compliance with required pre-deposit protocols.

This trend highlights a potential gap in communication or process that might contribute to escalations to legal disputes.

Cases Filed Against the Builder (Builder Won)

Interestingly, Dhoot Infrastructure has been involved in 6 cases where they successfully countered complaints, predominantly concerning delayed possession charges:

  • Common Factors in Won Cases:
    • Delays in Possession: The primary complaints revolved around charges related to delayed possession, suggesting that while the builder faced backlash, they were able to articulate defenses against these claims by stating procedural correctness in their actions.
    • Rejection of Rectification Applications: Several won cases involved the respondent (Dhoot Infrastructure) successfully arguing against the complainant's requests for rectification. The authority ruled that the applications for rectification were invalid, reinforcing the builder's position.

Conclusion

Based on the available data, Dhoot Infrastructure Projects Limited presents a mixed bag for potential buyers. While the builder has been able to defend itself against claims related to delays, the complete lack of victories in cases where they were the respondents raises significant red flags about their compliance and customer satisfaction practices. Buyers should tread carefully and consider the following advice:

Tips for Potential Buyers

  • Conduct Thorough Research: Ensure you look into the builder's legal track record and customer reviews thoroughly before making any financial commitments.
  • Request Documentation: Ask for documented proof of payment dealings and ensure that all transactions are transparent and within legal frameworks.
  • Inspect Completed Projects: If possible, visit existing projects by Dhoot Infrastructure to assess the quality of construction and timely delivery of possessions.

General Tips for Buyers When Selecting Any Builder

  1. Verify Credentials: Ensure that the builder has a good reputation, is licensed, and has a history of completed projects without legal issues.
  2. Read Contracts Carefully: Pay close attention to clauses regarding payment schedules, possession timelines, and penalties for delays to avoid future disputes.
  3. Engage in Open Communication: Maintain an open line of communication with the builder to clarify any concerns and set realistic expectations.
  4. Seek Professional Guidance: Consider consulting legal and real estate professionals to better understand the nuances of property transactions.

By following these strategies, potential buyers can protect their interests and navigate the complexities of purchasing property in a challenging legal landscape.

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Delayed Possession Claims Rectification and Clarification Claims

Analysis of the cases filed against Dhoot Infrastructure Projects Limited, where the builder lost, revealed several key themes and patterns across the disputes. The cases primarily revolved around two main topics: delayed possession claims and claims related to the rectification or clarification of orders.

The majority of the cases (six out of six) involved delayed possession claims, where the complainants sought compensation for the builder's failure to deliver properties on time. These claims often included a request for delayed possession charges along with the prescribed rate of interest. The builder's defense typically hinged on claims that their applications for rectification were valid, stating they were filed for clarification rather than to address errors or mistakes in the orders. However, the authority consistently ruled in favor of the complainants, indicating that the builder's applications did not meet the necessary criteria for rectification as outlined in the relevant legislation.

A pattern emerges from these summaries: the common trigger for litigation in these cases was the builder's inability to fulfill their contractual obligations regarding timely project completion. Homebuyers were not only expecting prompt possession of their properties, but they were also entitled to compensation for the delays, which further fueled the disputes.

The builder lost these cases primarily due to a misunderstanding of the legal framework surrounding rectification applications. While they claimed their applications were valid and sought only clarification, the ruling bodies distinguished between applications filed for genuine rectification purposes and those that were merely seeking to obscure or delay the acknowledgment of delays. Insufficient evidence to support their claims of valid rectification needs, combined with a consistent failure to meet project timelines, resulted in the builder's defeat in each case.

In conclusion, the analysis highlights the importance for builders to adhere to timelines and to be cognizant of the legal implications of delayed possession. For potential buyers, this serves as a cautionary tale about the risks associated with builders who have unresolved legal disputes, particularly when those disputes center around delayed possession and inadequate legal compliance.

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
MA NO. 238/2023 in … Haryana The complaint was disposed of with the complainan… ["Delayed possessio… {"appellant_claim(in detail)": "The complainant c… Ambar Mehar Dhoot Infrastructur… https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTUxMTI0
MA NO. 239/2023 Haryana The complainant was held entitled for delayed pos… ["Delayed possessio… {"appellant_claim(in detail)": "The complainant c… Ambar Mehar Dhoot Infrastructur… https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTUxMTI1
MA NO. 237/2023 in … Haryana The complainant was held entitled for delayed pos… ["Delayed possessio… {"appellant_claim(in detail)": "The complainant c… Ambar Mehar Dhoot Infrastructur… https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTUxMTIz
Payment Disputes Pre-deposit Non-compliance Regulatory Issues

The analysis of the cases filed by the builder Dhoot Infrastructure Projects Limited, which it lost, revealed several recurring themes.

The primary disputes can be grouped into three major categories: Payment Disputes, Pre-deposit Non-compliance, and Regulatory Issues.

  • 1. Payment Disputes: These cases involved the builder claiming that they had made the necessary payments as required, but the respondents consistently disputed these claims. In such disputes, the core of the disagreement often rested on the evidence of payment and whether the payments met the obligations outlined in the contracts. This recurring pattern indicates potential issues with record-keeping or miscommunication between the parties involved.
  • 2. Pre-deposit Non-compliance: A notable reason leading to dismissals was the builder’s failure to comply with the required pre-deposit as mandated by the Real Estate (Regulation and Development) Act, 2016. This theme highlights a crucial regulatory requirement that the builder couldn't meet, leading to automatic dismissal of their appeals. It emphasizes the importance of adhering to procedural requirements when entering litigation.
  • 3. Regulatory Issues: The builder often faced challenges regarding their adherence to regulations stipulated by the Real Estate (Regulation and Development) Act, 2016. Non-compliance with such regulations typically results in unfavorable outcomes in legal disputes. The builder's inability to align its practices with regulatory expectations further underscores the broader implications of compliance in the real estate sector.

Commonly, the builder brought cases to court to contest penalties, assert claims related to payments, or challenge decisions that they believed were misattributed to them, particularly concerning project delays and other liabilities. However, a recurrent theme in these cases is the inadequate evidence presented to substantiate their claims, particularly regarding payment proof and adherence to compliance measures.

The reasons for the builder losing these cases primarily hinged on insufficient evidence supporting their claims and their overwhelming non-compliance with legal obligations, particularly relating to pre-deposit requirements. The recurring inability to meet such crucial legal standards, paired with failures to provide adequate proof of payment or procedural adherence, resulted in their legal defeats. This analysis serves as a cautionary tale for buyers and stakeholders in the real estate sector—highlighting the importance of thorough documentation, understanding regulatory compliance, and being aware of legal liabilities.

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
In Appeal No.151 of… Haryana The appeal was dismissed as no pre-deposit was ma… ["Real Estate", "Pr… {"appellant_claim(in detail)": "The appellant cla… Dhoot Infrastructur… Anuj Mehra https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTQ2OTIz

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