EVANIE INFRASTRUCTURE PRIVATE LIMITED

Introduction

Evanie Infrastructure Private Limited has made a mark in real estate development in West Bengal. However, their journey looks tumultuous when viewed through the lens of legal disputes. With 37 complaints filed against them and no cases won, potential buyers of Evanie Infrastructure should be cautious as they navigate their home-buying decisions.

Overview of Legal Cases Against Evanie Infrastructure

Evanie Infrastructure Private Limited has faced a staggering number of complaints, totaling 37. Alarmingly, they have lost all 37 cases, often resulting in judgments compelling refunds to disgruntled buyers. A detailed analysis of these cases reveals several patterns worth noting.

Patterns in Lost Cases

The most recurrent theme in the complaints is the builder's inability to deliver possessed apartments within agreed timelines. Many complainants sought refunds due to the non-delivery of flats despite fulfilling their financial commitments.

• For instance, a complainant booked a flat but never received possession, prompting a demand for a refund, which was subsequently granted.

Several cases highlighted that Evanie Infrastructure did not commence or continue construction on multiple projects, including the prominent 'Evanie Econest.' Complainants in these instances sought cancellation and refunds of their payments.

• Multiple claims resulted in the builder being mandated to refund substantial amounts due to insufficient progress.

A common outcome in the resolutions has been the builder's failure to comply with previous orders from authorities, necessitating further legal action, often leading to imposed penalties.

• Authorities frequently directed district magistrates to ensure compliance with earlier directives not honored by the builder.

Patterns in Cases Won

Interestingly, all the cases reviewed indicate that Evanie Infrastructure has not won a single legal battle; thus, no patterns could be identified in terms of cases they have won. The continuous trend of loss reflects systemic issues in governance and project delivery.

Conclusion

The legal history of Evanie Infrastructure Private Limited paints a stark picture for potential buyers. The lack of successful defenses against claims and the frequency of refund orders point towards severe flaws in their business practices.

Tips for Potential Buyers Considering Evanie Infrastructure

1. Research Thoroughly: Conduct extensive research on the builder’s track record before investing. Examine public records and housing forums for firsthand experiences.
2. Demand Transparency: Ask for clear timelines for project completion and ensure everything is documented legally. If the builder is unwilling to communicate transparently, consider that a red flag.
3. Consult Legal Experts: Before making any commitments, consult a real estate attorney who specializes in consumer rights in real estate.
4. Consider Alternatives: If you have reservations, explore other builders with stronger reputations in timely project completions and customer satisfaction.

General Tips for Selecting Any Builder

• Check Reviews and Ratings: Begin your builder search by checking online reviews and ratings on various platforms.
• Verify Licenses: Ensure that the builder has the necessary licenses and registrations required by law to operate in the region.
• Inspect Previous Projects: If possible, visit previous projects completed by the builder to gauge the quality and integrity of the work.
• Understand Contract Terms: Pay close attention to the terms laid out in the agreement; they should include stipulations for timelines and quality assurances.
• Seek Recommendations: Personal referrals can often provide insight into the builder’s reliability and service.

By taking a proactive approach and remaining vigilant, buyers can protect themselves from unfavorable dealings in the real estate market.

Analysis of the cases filed against Evanie Infrastructure Private Limited, which it lost, revealed significant insights into the builder's operational practices and the common themes emerging from these legal disputes.

The cases can be broadly categorized into four main topics: Delayed Possession Claims, Refund Disputes, Non-Compliance with Orders, and Project Abandonment Claims. The majority of the cases revolve around delayed possession, where buyers claimed that the builder failed to deliver homes within the agreed-upon timelines, often exceeding the stipulated 40 months. This delay led to multiple requests for refunds based on the Real Estate (Regulation and Development) Act, 2016 (RERA) and rules, highlighting a systemic issue in the builder's project management capabilities.

Refund disputes were another recurring theme, with buyers seeking refunds due to the lack of progress on projects or the failure to receive possession as per the sale agreements. The builder was consistently ordered by the authorities to refund the principal amounts paid by buyers, often accompanied by interest at the rate of SBI Prime Lending Rate + 2%. This indicates a frequent breakdown in the builder's contractual obligations, leading to financial repercussions for buyers who trusted their investments.

The builder also faced several cases due to non-compliance with previous orders issued by regulatory authorities. Buyers sought executions of final orders when the builder failed to adhere to refund schedules or deliver possession as mandated. The builder’s absence from hearings and failure to provide adequate responses further aggravated these cases, showcasing an alarming lack of accountability.

Project abandonment claims also existed, with buyers reporting that certain projects were not initiated or progressed, resulting in requests for refunds based on the non-fulfillment of contractual obligations.

A pattern emerges from these summaries: the common trigger for the builder's litigation primarily revolves around delays in possession delivery and the subsequent failure to meet contractual obligations. This led to a series of legal battles centered on refund requests, which further highlights the builders' unfulfilled promises.

The builder lost these cases predominantly due to a combination of factors, including:

1. Insufficient evidence to defend their position or prove timely possession delivery.
2. A consistent failure to comply with legal and regulatory requirements, particularly concerning adherence to timelines and contractual obligations.
3. Failure to follow interim directions from authorities, which resulted in further legal consequences.

In conclusion, the analysis of these cases illustrates a troubling portrait of Evanie Infrastructure Private Limited's operational practices. Buyers should exercise caution, considering the high volume of legal disputes and unfavorable outcomes for the builder, consider this before making any investment decisions.