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ESS & ESS INFRASTRUCTURE PRIVATE LIMITED

  • No of Complaints: 2
  • States (Active in): Karnataka
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Introduction

In the crowded real estate market of India, assessing a builder’s reputation can be critical for potential homebuyers. Among the various players is ESS & ESS Infrastructure Private Limited, a developer based in Karnataka. This blog post delves into their performance, examining complaints and legal outcomes to help you make an informed decision.

Overview of ESS & ESS Infrastructure Private Limited

ESS & ESS Infrastructure Private Limited is a builder currently operating projects in Karnataka. They have encountered a total of 2 complaints lodged against them. Remarkably, in the legal battles concerning these grievances, they have successfully countered all claims, winning both cases presented before them thus far.

Legal Case Details

Cases Faced by the Builder:
1. Kuberanandhasagara Layout Phase 3 Project
   * Appellant Claim: The complainant alleged that ESS & ESS did not fulfill their obligations by not developing the project and sought relief from the Real Estate Regulatory Authority (RERA).
   * Respondent Claim: The builder referenced a Memorandum of Understanding (MOU) with the Karnataka Telecom Department Employees Co-operative Society Ltd. as support for their position, which the complainant failed to consider adequately.
   * Final Verdict: The case was dismissed due to the complainant filing a false case, which lacked concrete evidence.
2. Project SREE SAPTHAMATHRUKA-6
   * Appellant Claim: The complaint sought a refund with interest related to an unspecified issue with the project.
   * Respondent Claim: No defense was presented by the builder in this case.
   * Final Verdict: The complaint was dismissed on grounds of non-prosecution, indicating that the complainant did not follow through with their claim.

Analysis of Legal Outcomes

Patterns in Cases Lost

Both cases that were filed against ESS & ESS Infrastructure private limited exhibited a notable pattern:

  • Lack of Evidence: The initial case’s dismissal was primarily due to the complainant not providing sufficient evidence to support their allegations.
  • Non-Prosecution: The second case failed because the complaint was not pursued, suggesting a potential lack of commitment or follow-through from the complainant’s side.

Patterns in Cases Won

In both instances where ESS & ESS Infrastructure emerged victorious, they demonstrated the following:

  • Effective Documentation: The builder produced relevant documentation, such as the MOU in the first case, which bolstered their defense.
  • Dismissal Reasons: The successful verdicts were linked to either the complainant's lack of case merit or failure to proceed with their claim.

Conclusion

Based on the available data, ESS & ESS Infrastructure Private Limited appears to manage customer grievances effectively, with a complete record of winning cases lodged against them. Potential buyers should weigh these outcomes against their personal requirements and comfort with the builder’s historical performance.

Tips for Potential Buyers

  1. Research Thoroughly: Before purchasing, conduct thorough research on any builder's track records in terms of legal disputes and customer satisfaction.
  2. Visit Past Projects: Explore some of the completed projects by the builder to ensure quality and compliance with standards.
  3. Understand the Legal Framework: Be aware of your rights as a buyer and the legal avenues available for disputes in real estate.

General Tips for Selecting a Builder

  • Consult Reviews and Ratings: Look for independent reviews online to gain insights into the experiences of previous customers.
  • Check for Registration: Ensure that the builder is registered with RERA, as this provides an additional layer of accountability.
  • Seek Recommendations: Talk to friends, family, or real estate agents for personal recommendations based on their experiences.

Ensuring that you make a well-informed choice can significantly impact your satisfaction with your new home. Consider the factors discussed here alongside your personal priorities.

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Claims of Project Non-Development Refund Requests and Financial Disputes Evidence and Prosecution Issues

An analysis of the cases filed against the builder, ESS & ESS Infrastructure Private Limited, which the builder won, revealed several key themes and insights into the nature of disputes within the real estate market.

The cases can primarily be grouped under three main themes:

  1. Claims of Project Non-Development: In one case, the opposing party claimed that the builder failed to develop the Kuberanandhasagara Layout Phase 3 project. The builder successfully defended their position by providing a valid Memorandum of Understanding (MOU), which the complainant ignored.
  2. Refund Requests and Financial Disputes: Another case involved the request for a refund with interest for a different project, where the complaint was dismissed due to non-prosecution. Such claims often emerge from buyers seeking financial recourse for perceived project delays or dissatisfaction.
  3. Evidence and Prosecution Issues: A common thread in these disputes is the issue of evidence. In the majority of cases, the builders were able to demonstrate insufficient evidence or compliance failures on part of the complainants, leading to case dismissals.

The reasons behind these cases being brought to court often revolve around contesting project penalties, allegations of non-development, or refund claims due to buyer dissatisfaction. It is evident that misunderstandings regarding project timelines or expectations frequently contribute to disputes. Complaints also arise when buyers face issues with financial transactions or project deliverables.

In examining the reasons why ESS & ESS Infrastructure Private Limited won these cases, it is clear that solid defense strategies were employed. The builder successfully highlighted insufficient evidence from the opposing parties, leading to dismissals for false claims or inadequate prosecution. This showcases the builder's preparedness and adherence to legal requirements, indicating a high standard of project management and communication.

The outcome of these cases sheds light on the importance of distinguishing between legitimate grievances and baseless accusations in the real estate market. While buyers have valid concerns at times, it is crucial to recognize that builders, like ESS & ESS Infrastructure Private Limited, possess a strong track record of defending against unjust claims, often related to misunderstandings or exaggerations by dissatisfied buyers.

In conclusion, potential buyers should approach claims and disputes in the real estate sector with caution. While it is essential to acknowledge that legitimate issues can arise, the analysis of these cases demonstrates that builders can often assert their rights against unwarranted allegations. Understanding the context and details of disputes can guide buyers toward making informed decisions, highlighting the need for due diligence before forming opinions about a builder’s reputation.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
CMP/220427/0009391 Karnataka Complaint filed against ESS & ESS Infrastructure … ["Refund with inter… {"appellant_claim": "Refund with interest for the… Sunil Kumar ESS & ESS Infrastru… https://rera.karnataka.gov.in/reraDocument?DOC=3389834
CMP/180415/0000745 Karnataka The complainant filed a false case against the re… ["False case", "MOU… {"appellant_claim": "The complainant claimed that… ESS & ESS Infrastru… https://rera.karnataka.gov.in/reraDocument?DOC=364605

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