DR VIRENDRA SWAROOP EDUCATIONAL FOUNDATION

Introduction

When considering property investment, understanding the reliability and legal standing of a builder is critical. In this post, we will delve into the Dr Virendra Swaroop Educational Foundation, a builder located in Rajasthan, and examine their track record in light of legal complaints and outcomes.

Overview of the Builder

Name: Dr Virendra Swaroop Educational Foundation
State with Projects: Rajasthan
Number of Complaints: 1
Cases Won: 0
Cases Lost: 1

Legal Case Details

The sole legal case filed against Dr Virendra Swaroop Educational Foundation involved a complainant who booked a flat for Rs. 27.16 lakh and paid an initial payment of Rs. 2.54 lakh. However, as the project did not commence and possession was not delivered, the complainant sought a refund along with interest and compensation.

Summary of the Case

• Appellant's Claim: The complainant alleged that possession was not granted and requested a refund with interest due to non-commencement of the project.
• Respondent's Claim: The builder countered that the agreement was canceled due to non-payment and stated that the case did not fall under the jurisdiction of the Real Estate Regulatory Authority (RERA). Additionally, the bank sought repayment of the loan with interest.
• Final Verdict: The authority mandated the builder to refund Rs. 2.54 lakh with an interest of 9.30% from the promised possession date, while also enforcing loan repayment obligations to the bank with the same interest rate, requiring compliance within 45 days.

Analysis of Legal Patterns

Cases Lost: Common Factors

In the single lost case, a significant pattern arose where the complainant experienced a lack of project commencement and failure to receive possession. This indicates potential issues with project execution or financial management on the part of the builder. Claiming cancellation of the agreement due to non-payment suggests that communication gaps may exist between the builder and buyers regarding financial responsibilities and expectations.

Cases Won: Common Factors

Notably, Dr Virendra Swaroop Educational Foundation has not won any cases to date, raising concerns about their operational effectiveness in legal disputes related to real estate projects. The outcome of the single case reflects a failure to establish a defense that aligned with the expectations set forth during the purchase agreement.

Conclusion

Based on the available data, potential buyers should approach Dr Virendra Swaroop Educational Foundation with caution. The singular complaint, coupled with an unfavorable outcome for the builder, hints at possible underlying issues that could affect future projects and client relationships. It's essential for buyers to conduct thorough due diligence and understand the financial and operational status of this builder.

Tips for Potential Buyers

1. Research Thoroughly: Investigate the builder’s past projects, their completion timelines, and any complaints or legal issues they may have faced.
2. Visit Completed Projects: If possible, visit properties previously completed by the builder to assess quality and adherence to timelines.
3. Read the Fine Print: Ensure you understand the terms and conditions in the purchase agreement and clarify any ambiguous clauses before signing.
4. Seek References: Speak to previous buyers to gain insights into their experiences with the builder.

General Tips When Selecting a Builder

• Check Regulatory Compliance: Ensure the builder is compliant with RERA and other relevant regulations.
• Verify Documentation: Confirm that all necessary documentation, including land titles and project approvals, is in place.
• Monitor Progress: After making a purchase, maintain regular contact with the builder to monitor project progress and address issues promptly.

Investing in property is a significant decision; exercising caution and thorough research will lead to more informed choices and enhanced satisfaction in the long run.

Analysis of the cases filed against Dr. Virendra Swaroop Educational Foundation, where the builder lost, reveals several key themes and patterns. The disputes primarily center around delayed possession claims, refund and compensation disputes, and loan repayment issues.

Many of the cases involve buyers who made substantial payments towards their booked flats but faced delays in project commencement and possession delivery. For instance, in one highlighted case, a complainant paid Rs. 2.54 lakh out of the total Rs. 27.16 lakh for a flat but never received possession, leading them to seek a refund along with interest and compensation. These cases demonstrate a significant trust violation between buyers and the builder, with common triggers for litigation being the builder’s failure to adhere to promised timelines and their inability to fulfill contractual obligations.

The builder's defense often revolved around claims of canceled agreements due to non-payment and attempts to shift jurisdiction away from RERA. However, the verdicts consistently favored the buyers, emphasizing the need for builders to comply with regulatory frameworks and meet their commitments. The authority has directed refunds with interest and addressed loan repayment with interest to banks, ensuring that buyers’ interests are protected and builders are held accountable.

The reasons for the builder’s losses in these cases are multifaceted. They stem from insufficient evidence provided during the disputes, failure to comply with RERA regulations, and a lack of transparency regarding project delays and expectations. The builder's misunderstanding or misrepresentation of their obligations led to the issuance of loans without adequate collateral or agreements that were not enforceable, further complicating their position in legal proceedings.

In summary, the cases against Dr. Virendra Swaroop Educational Foundation serve as a cautionary tale for buyers considering projects from this builder. They highlight the importance of thorough due diligence, ensuring that builders have a positive track record with respect to possession delivery and regulatory compliance. Buyers should be wary of builders who consistently face legal challenges and should closely examine the terms of agreements, especially regarding penalties for delays and refunds.