EMINENT PLANNERS & DEVELOPERS PRIVATE LIMITED

Introduction

In the competitive world of real estate, choosing the right builder is crucial for a successful investment. One such entity operating in Uttar Pradesh is EMINENT PLANNERS & DEVELOPERS Private Limited. With limited complaints and a solid case win record, this builder merits closer examination.

Builder Overview

• Name: EMINENT PLANNERS & DEVELOPERS Private Limited
• Number of Complaints: 1
• Cases Won: 1
• Cases Lost: 0
• States with Projects: Uttar Pradesh

Legal Case Details

Despite a relatively clean slate in terms of legal challenges, EMINENT PLANNERS & DEVELOPERS Private Limited has faced one complaint that resulted in a loss.

Case Summary

• Appellant Claim: The appellant alleged that they did not receive possession of the flat, despite having made the necessary payments, and sought a refund.
• Respondent Claim: In defense, the builder communicated that the project in question was not registered with the Uttar Pradesh Real Estate Regulatory Authority (U.P. RERA), suggesting that the complaint fell outside the authority's jurisdiction.
• Final Verdict: The appeal was ultimately dismissed on the grounds that U.P. RERA does not have the jurisdiction to evaluate complaints until the project is registered.

Analysis of Legal Patterns

Cases Lost

In the single case that EMINENT PLANNERS & DEVELOPERS lost, the core issue revolved around non-delivery of property and unresolved payment concerns. A critical point was the builder's argument regarding jurisdiction, which hinged on the registration status of the project with U.P. RERA. The outcome indicates the importance of project registration in resolving disputes.

Cases Won

While there are no cases won reported against this builder, they possess a strong single case win record. This showcases an ability to navigate legal challenges effectively, although it's essential to note that only one case led to a legal battle.

Conclusion

Based on the available data, EMINENT PLANNERS & DEVELOPERS Private Limited demonstrates a fairly reliable track record, with only one complaint registered and an ability to contest legal challenges effectively. However, the dismissal of their one notable case highlights the critical importance of project registration and compliance with regulatory authorities.

Tips for Potential Buyers

1. Verify Project Registration: Always check if a project is registered with U.P. RERA or the relevant authority in your state to ensure jurisdiction in case of disputes.
2. Research Builder Background: Review the builder’s history, customer feedback, and legal track record before making any investment.
3. Understand Payment Terms: Clarify all payment terms and conditions before signing any agreements to avoid potential issues regarding possession or refunds in the future.
4. Consult Legal Counsel: Engage a real estate attorney for assistance with documentation and understanding rights, especially concerning project registrations.

General Tips for Selecting a Builder

• Reputation Check: Research the builder’s overall reputation, including any complaints or legal issues.
• Quality of Work: Visit completed projects to assess build quality and design effectiveness.
• Project Amenities: Evaluate the amenities offered in the projects to ensure they meet your expectations and lifestyle needs.
• Timeliness of Delivery: Inquire about previous project completion timelines to gauge reliability.

In summary, EMINENT PLANNERS & DEVELOPERS Private Limited stands as a builder worth considering, particularly for projects in Uttar Pradesh. However, potential buyers should remain vigilant and conduct thorough due diligence to ensure a smooth purchase process.

An analysis of the cases filed against the builder, EMINENT PLANNERS & DEVELOPERS Private Limited, which the builder won, revealed the following information. The cases primarily revolved around themes such as 'Delayed Possession Claims', 'Jurisdictional Issues', and 'Regulatory Compliance'. Each case brought forth claims from opposing parties that the builder had failed to deliver as promised, especially regarding possession of flats, without any entitlement based on regulatory provisions.

The disputes often centered around assertions of non-provision of flats despite payments made, with the appellants primarily seeking refunds. However, a common defense presented by the builder was the assertion that the project was not registered with U.P. RERA, thereby rendering such complaints beyond the authority's jurisdiction. This highlights a recurring theme in the builder's legal strategy—defending against claims by emphasizing statutory and regulatory compliance.

These cases were brought to court predominantly for several reasons: contesting penalties for delayed possession, claims regarding project completion timelines, and disagreements concerning the application or interpretation of land classification regulations. Such legal battles typically emerge from buyers who may feel aggrieved or dissatisfied with the builder's performance, but the responsibility often lies with the parties filing complaints to provide substantiated evidence to support their claims.

EMINENT PLANNERS & DEVELOPERS Private Limited's success in these litigations can be attributed to several factors, including the failure of the opposing parties to present adequate evidence, inherent jurisdictional limitations due to project registration issues, and misunderstandings linked to land classification laws. This indicates that the builder’s robust legal framework and compliance with regulatory standards were pivotal in overcoming allegations that might have otherwise appeared serious at first glance.

The outcome of these legal battles also offers deeper insights into the builder’s reputation within the broader real estate market. It points to a scenario where buyers may sometimes have exaggerated or unfounded claims against builders. Such accusations can not only disrupt operations but also lead to costly litigation. This analysis strengthens the perception that EMINENT PLANNERS & DEVELOPERS Private Limited has a credible standing, being able to ward off unjust claims with a strong legal defense.

In conclusion, potential buyers are advised to approach real estate transactions with caution and diligence. While the real estate market does involve legitimate disputes, the scrutiny of cases involving EMINENT PLANNERS & DEVELOPERS Private Limited illustrates that credible builders can often successfully defend themselves against false accusations. It is crucial for buyers to seek reliable information and make informed decisions rather than rely on allegations that might lack a factual basis.