ESCAPADE REAL ESTATE PRIVATE LIMITED

Introduction

Escapade Real Estate Private Limited, operating exclusively in Tamil Nadu, has garnered attention due to its legal challenges and complaints from clients. With no cases won and six cases lost, potential buyers may find it prudent to delve into the specifics of the builder's track record before making a decision.

Overview of Complaints

The builder currently faces a total of six complaints, with a troubling record of losing all legal disputes brought against them. This pattern raises serious concerns about the company’s reliability and commitment to fulfilling contractual obligations to its clients.

Legal Case Analysis

Lost Cases

In the cases that Escapade Real Estate lost, several patterns emerged:

1. Failure to Provide Amenities: A recurring issue involved claims by complainants regarding inadequate storm water management and lack of essential amenities such as garbage disposal and municipal water supply. The authority consistently ruled against the builder, emphasizing their failure to comply with basic infrastructural requirements.
2. Financial Discrepancies: Several disputes involved the Builder's collection of the Reducible Interest Free Management Deposit (RIFMD) and the manner in which it managed such funds. The authorities found these actions to be in violation of applicable laws, thereby favoring the complainants in multiple instances.
3. Non-Compliance with Legal Provisions: Another significant aspect was the accusation of non-compliance with the Real Estate (Regulation and Development) Act (RERA). Cases highlighted instances where the builder failed to transfer common areas and facilities to the association of allottees, which the authorities confirmed as a breach of legal obligations.

Won Cases

Interestingly, in the cases that were deemed won, the builder faced challenges that appeared to be procedural rather than substantive. The Tribunal ruled that certain complainants needed to make a pre-deposit to pursue their appeals. This suggests that while the builder faced substantive claims regarding service deficiencies, they occasionally succeeded on grounds related to procedural aspects of the law rather than the merits of the claims themselves.

Conclusion

The data presents a concerning picture for Escapade Real Estate Private Limited. With a failure to win any of the six legal complaints, and the nature of those complaints pointing to a lack of adequate services and compliance with relevant laws, prospective buyers should exercise caution.

Tips for Potential Buyers

1. Research Thoroughly: Always conduct deep research on a builder's reputation, previous projects, and any legal history.
2. Consult Legal Experts: Before entering any agreement, seek legal advice to understand your rights and the implications of the agreement.
3. Look for Reviews and Testimonials: Gauging the experiences of previous buyers can provide insight into the reliability and service quality of the builder.
4. Demand Transparency: Ensure that the builder is transparent about their processes, costs, and any potential issues that could arise.

General Tips for Buyers Selecting Any Builder

• Verify Credentials: Ensure the builder is registered and compliant with local or national construction regulations.
• Inspect Past Projects: Visit completed projects to evaluate construction quality and compliance with promised amenities.
• Understand Warranties and Guarantees: Know what kind of warranties the builder offers for their construction work, including for materials and installation.
• Assess Financial Stability: Investigate the financial health of the builder to ensure they have the resources to complete the project successfully.

In light of Escapade Real Estate’s track record, potential buyers must weigh their options carefully and consider all available information before proceeding.

Analysis of the cases filed against Escapade Real Estate Private Limited, where the builder lost, reveals significant concerns regarding the quality of their work, compliance with regulations, and financial dealings. The cases can be broadly categorized into three themes: inadequate amenities and storm water management, financial disputes over deposits and charges, and compliance with the RERA Act and transfer of common areas.

The first theme encompasses multiple cases where the complainants alleged that the builder failed to provide necessary amenities such as garbage disposal facilities and municipal water supply, alongside inadequate storm water management. These are critical issues that affect the livability and safety of the properties, and the builder's inability to meet these basic requirements led to decisive action against them.

Financial disputes constitute another significant theme. In one notable case, the builder was accused of collecting a substantial sum (approximately Rs. 3.25 crores) as Reducible Interest Free Management Deposit (RIFMD), which the authority deemed was not in compliance with the provisions of the Act and Rules. This raises questions about the builder's financial practices and transparency in dealing with homeowners.

The third theme relates to the builder's compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA). Cases highlighted the builder's failure to transfer common areas and facilities to the association of allottees, as mandated by the Act. This reflects a broader pattern of non-compliance with regulatory requirements, which is a recurring concern in the real estate sector.

Common triggers for litigation in these cases include the builder's failure to deliver promised amenities, disputes over financial charges, and non-compliance with the RERA Act. The builder's defense often revolved around claims of compliance and adequate provision of services, but the verdicts indicate a consistent failure to meet the expectations and requirements set by both regulators and homeowners.

The reasons for the builder's losses in these cases are multifaceted. They include insufficient evidence to support their claims, failure to comply with legal and regulatory requirements, and a lack of understanding regarding their obligations under the RERA Act. The authorities' decisions highlight the need for consumers to be vigilant and proactive in demanding accountability from builders, ensuring that their investments are protected and their living conditions meet acceptable standards.