ELDECO INFRASTRUCTURE AND PROPERTIES LIMITED

Introduction

In the real estate sector, a builder's reputation can greatly influence potential buyers' decisions. One significant player in this market is ELDECO INFRASTRUCTURE AND PROPERTIES LIMITED (EIPL). With a portfolio spanning several states in India, including Haryana, Rajasthan, and Uttar Pradesh, it is crucial to analyze their legal history to gauge their credibility and reliability as a builder. This blog post delves into the legal standing of EIPL, examining their complaints, the outcomes of legal cases, patterns in losses and wins, and offering valuable insights for prospective buyers.

Legal Overview

EIPL has faced a total of 143 complaints, with a strikingly high number of losses recorded at 97, compared to 46 cases won. This results in a winning percentage of around 32%, which could raise concerns among potential buyers.

Patterns in Legal Cases

Cases Lost by EIPL

1. Common Themes: A notable trend in the cases EIPL has lost includes …

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Analysis of the cases filed against Eldeco Infrastructure and Properties Limited, where the builder lost, reveals significant insights into the common disputes faced by the builder and the homeowners.

The cases can be broadly categorized into several themes: Delayed Possession Claims, Conveyance Deed Disputes, Final Demand Notice Issues, Refund and Possession Claims, Non-Compliance with Orders, and Penalties for Delays.

Many of the cases revolve around delayed possession of villas and flats, where the builder failed to deliver units on time, prompting claims for interest on the delay and execution of the conveyance deed. The builder consistently attributed these delays to external factors such as pending corrections in EDC/SIDC charges and the non-issuance of occupation certificates. However, the authorities did not accept these defenses, leading to decisions mandating the execution of deeds and payment of delay interest.

Many disputes also centered around the final demand notices, which builders …

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The analysis of the cases filed by the builder, Eldeco Infrastructure and Properties Limited, which it lost reveals some significant insights into the nature of the disputes and the building's approach to resolution.

The first category of cases that emerged relates to disputes over land measurement. In multiple instances, the builder contended that the respondents had booked plots with a specified area in square yards, while respondents countered that the area should be interpreted in square meters. This recurring theme of confusion over land measurement not only highlights a lack of clarity in documentation but suggests potential oversight in ensuring that customer agreements clearly delineate specifications to avoid such disputes.

The second type of case revolves around rectification claims. Here, the builder sought to correct previous orders yet faced opposition when respondents maintained that rectifications were unwarranted. This often entails the misunderstanding or misinterpretation of existing legal orders …

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An analysis of the cases filed by the builder, ELDECO INFRASTRUCTURE AND PROPERTIES LIMITED, which it won, revealed the following information. The cases largely revolved around themes of withdrawn appeals and the resolution of disputes through settlements, showcasing a significant trend towards amicable solutions rather than prolonged litigation.

The builder's cases can mainly be categorized into the following themes:

1. Withdrawal of Appeals and Settlements: In several instances, the builder either withdrew their appeals or came to amicable agreements with the opposing party, signaling a preference for resolving disputes outside the courtroom.
2. Release of Deposited Amounts: The builder was often involved in cases seeking the release of deposited funds, which indicates financial transactions that had become points of contention between the builder and buyers or contractors.
3. Litigation Outcomes from Amicable Resolutions: The outcomes of these cases often concluded with a direction to release funds or dismissal of …

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An analysis of the cases filed against the builder, which the builder won, revealed the following information. The disputes can be broadly categorized into several recurring themes that reflect the primary concerns raised by the parties involved.

1. Delayed Possession Claims: Several buyers alleged that they were not granted possession of their units on time. However, in these cases, the builder successfully defended itself by demonstrating that the complainants had not completed required payments or other documentation necessary for possession.
2. Failure to Secure Subvention Loans: Multiple cases arose where buyers claimed that the builder failed to secure subvention loans, seeking penalties and additional payments. The builder argued that the inability to secure loans was due to external factors, such as guidelines from the National Housing Bank, and the Tribunal agreed, pointing out that no obligation existed under the agreements to secure financing.
3. Non-compliance with Regulatory …

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