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DIVYA ASHIRWAD PROPERTIES PRIVATE LIMITED

3.8/5 (22 cases analyzed)
  • States Active In: Rajasthan
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Overall Case Outcomes

Introduction

Divya Ashirwad Properties Private Limited is a real estate builder operating in Rajasthan, India. Like many builders in the industry, they face challenges in terms of legal disputes and customer satisfaction. In this blog post, we will delve into the number of complaints against Divya Ashirwad Properties, their legal performance, and what potential buyers should consider when engaging with this builder.

Overview of Legal Complaints

Divya Ashirwad Properties has recorded a total of 22 complaints. Unfortunately, the builder has lost all 22 cases filed against them, indicating significant challenges in their legal matters and potentially, their project delivery commitments.

Detailed Insights into Legal Cases

Common Patterns in Lost Cases

The data reveals that all the legal disputes concern a single project: 'JALSA MALL'. The appellants consistently claimed that 'JALSA MALL' is an ongoing project and should be registered under Section 3 of the Act. In these disputes, the responses from Divya Ashirwad Properties stated that the project was not ongoing and thus not liable for registration. However, the Authority consistently ruled in favor of the appellants, affirming that the project indeed required registration.

These repeated rulings suggest a lack of clarity or transparency from the builder regarding project progress and registration requirements, leading to dissatisfaction and mistrust from buyers.

Common Patterns in Won Cases

Interestingly, there are no cases won by the builder. This raises questions about their ability to manage legal challenges effectively. The absence of any successful defenses indicates systemic issues in handling customer expectations and ensuring compliance with regulatory obligations. It reflects poorly on the builder's reputation and reliability in the market.

Conclusion: An Overall Assessment

Given the available data, Divya Ashirwad Properties Private Limited faces a significant credibility challenge based on their track record in legal disputes. With a complete record of lost cases, potential buyers should approach with caution, recognizing the risks associated with purchasing property from this builder.

Tips for Potential Buyers

  • Research Thoroughly: Always research a builder’s legal history and customer reviews. The record of lost cases may be a red flag.
  • Ask for Documentation: Ensure that the builder provides all necessary documentation for their projects, including registration and project completion details.
  • Consider Legal Assistance: Before proceeding with any purchase, consider seeking legal advice to understand your rights and any ongoing legal implications associated with the property.
  • Evaluate Other Options: Explore different builders and compare their legal standings, project delivery timelines, and customer feedback to make an informed decision.

General Tips for Selecting Any Builder

  • Check Reputation: Look into the builder’s history and reputation in the market.
  • Visit Completed Projects: If possible, visit completed projects and interact with current residents to gather firsthand feedback.
  • Get Everything in Writing: Always secure an official contract that outlines all terms, conditions, and obligations of both parties.
  • Consult Other Buyers: Engaging with other customers can provide insight into the builder’s reliability and customer service.

By keeping these considerations in mind, potential buyers can navigate the real estate market more effectively and make informed decisions, minimizing risks associated with purchasing property.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
Ongoing Project Registration Disputes

Analysis of the cases filed against Divya Ashirwad Properties Private Limited, where the builder lost, revealed several key insights across the board. The primary theme emerging from these cases centers around the builder's failure to acknowledge and register their project 'JALSA MALL' as an ongoing project under section 3 of the Act.

The recurring dispute in all cases highlights the importance of project registration. The builder consistently claimed that the project was not ongoing and thus not liable for registration, while the appellants argued otherwise. This led to multiple rulings by the Authority that the project indeed falls under the ongoing project category and is liable to be registered.

A common trigger for these legal challenges appears to be the builder's attempt to circumvent regulatory obligations, particularly concerning project registration. By claiming that a project is not ongoing, builders may seek to avoid the compliance requirements and costs associated with registration. However, this strategy invariably led to legal action in the case of Divya Ashirwad Properties, resulting in a series of losses.

The underlying reasons for the builder’s losses in these cases are rooted in their inability to meet the regulatory standards set forth by the Act. The repeated rulings against the builder indicate a systemic issue where the builder likely misunderstood or willfully ignored the classification criteria for ongoing projects. This highlights the need for builders to conduct thorough legal assessments and ensure compliance with all applicable regulations to avoid similar outcomes.

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