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D.N.OXYPARK RESIDENTS WELFARE SOCIETY

3.8/5 (1 case analyzed)
  • States Active In: Odisha
CINNot Available
Year EstablishedNot Available
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Overall Case Outcomes

Introduction

In the realm of real estate, the reputation and performance of builders play a crucial role in ensuring potential buyers make informed decisions. One such entity is the D.N.Oxypark Residents Welfare Society, which has garnered attention due to its limited yet significant legal standing. In this blog post, we will explore the builder's legal history, assess its reliability, and offer insights for prospective buyers.

Legal Case Overview

D.N.Oxypark Residents Welfare Society has faced some scrutiny within the legal framework, notably illustrating a single recorded complaint that culminated in litigation. The exact details of the legal disputes show a clear picture of the builder's operational integrity.

Case Summary

  • Total Complaints: 1
  • Cases Won: 0
  • Cases Lost: 1

The only legal case involved a complaint against the society for non-compliance with the Real Estate (Regulation & Development) Act, 2016. The complainant alleged that the builder failed to meet the standards set by the Act. However, the builder argued that the project had been completed before the implementation of the Act and thus believed it was exempt from the Act’s stipulations. Ultimately, the court ruled against the complainant, confirming the project’s prior completion date.

Analysis of Legal Outcomes

Patterns in Lost Cases

  • Timeline of Project Completion: The primary issue in the lost case was centered around the timing of the project completion, which the builder successfully argued was before the Real Estate Act came into effect. This suggests a potential vulnerability for buyers who may assume ongoing obligations apply retroactively.
  • Defensive Positioning: The builder positioned itself defensively by emphasizing the completion date, indicating a strategy that relies on technicalities rather than substantive compliance during project execution.

Patterns in Won Cases

Currently, there are no recorded cases won by the D.N.Oxypark Residents Welfare Society based on the provided data. The absence of successful defenses may pose a concern for prospective buyers, as winning legal matters often reinforces trust and credibility in a builder's operations.

Conclusion and Recommendations

Based on the available evidence, the performance of D.N.Oxypark Residents Welfare Society raises some flags for potential buyers. The lack of successful cases and a single recorded complaint, culminating in a loss, suggests a level of risk associated with investing in properties associated with this builder.

Tips for Potential Buyers

  1. Thorough Research: Before engaging with D.N.Oxypark, or any builder, conduct extensive research. Understand their past projects, customer reviews, and legal standings.
  2. Ask for Documentation: Request documentation on past legal cases and the builder's claims regarding project completion. Clarity in these areas is essential for peace of mind.
  3. Consult Legal Professionals: If possible, seek advice from legal experts who specialize in real estate regulations to understand your rights as a buyer thoroughly.

General Tips for Selecting Any Builder

  • Check Reviews: Look for reviews from other buyers to gauge overall satisfaction and experience.
  • Visit Past Projects: If feasible, visit some of the builder’s completed projects to assess quality and design standards.
  • Understand Contracts: Ensure you fully understand any contracts before signing, including clauses related to construction timelines and defect liability.

By following these recommendations, potential buyers will be better equipped to make informed choices, safeguarding their investment in the property market.

Cases Lost by Builder (When Filing)

Yearly Trend for these Cases

Common Topics
Regulatory Non-compliance Project Completion Before Act Enforcement Structural Defects Responsibility Disputes over Project Validity

Analysis of the cases filed by the builder D.N.Oxypark Residents Welfare Society, where the builder lost, reveals significant insights into the recurring themes and challenges faced by this builder in legal disputes. The cases predominantly revolve around regulatory non-compliance and issues regarding the responsibilities for structural defects.

  1. Regulatory Non-compliance: One major theme among the builder's cases involves allegations of failing to comply with the provisions of the Real Estate (Regulation & Development) Act, 2016. In at least one instance, the builder sought relief under the Act, contending that the projects were impacted by the regulations. However, in this case, the builder lost as the project was completed prior to the enforcement of the Act.
  2. Project Completion Before Act Enforcement: The builder's claims were often centered on asserting their position and responsibilities concerning projects that had already been completed. This suggests a defensive posture, possibly to mitigate criticisms on project quality or to contest the applicability of new regulations introduced by the Act. The defense strategy hinged on the timing of project completion, suggesting that if they can establish that the projects were finished prior to the Act, they would be exempt from certain liabilities.

Common reasons the builder brought cases to court primarily included contesting penalties, disputing project delays attributed to external factors, and claiming disputes over project validity based on regulatory non-compliance. This indicates a trend where the builder sought to shift responsibility away from themselves, leveraging legal avenues to argue their cases rather than proactively addressing the issues at hand.

The recurring theme of the builder losing cases highlights several common pitfalls. A prominent reason for the adverse outcomes in these disputes was likely insufficiency in evidence to support their claims of compliance. Misunderstandings regarding the applicability of new regulations to previously completed projects also seem to have played a crucial role. Additionally, failure to effectively argue against the legal interpretations of the Real Estate Act may have contributed to their losses.

Ultimately, these case summaries suggest a cautionary tale for potential buyers; when opting for a builder, it’s imperative to thoroughly examine not just the quality of their projects but also their compliance history with regulations and their track record in dispute resolutions. This information may significantly affect the buyer's confidence and the future value of their property investment.

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