| CIN | U70101OR2010PTC012674 |
|---|---|
| Year Established | 12 November 2010 |
| Address | PLOT NO-M/76, BARAMUNDA HOUSING BOARD COLONY P.O- BARAMUNDA , BHUBANESWAR, Orissa, India - 751003 |
| Company Status | Private |
Introduction
In the realm of real estate, builders play a crucial role in turning dreams of homeownership into reality. However, potential buyers must conduct due diligence when selecting a builder, as not all companies uphold their commitments. Evos Buildcon Private Limited, operating in Odisha, has encountered significant legal hurdles that warrant attention. In this blog post, we will analyze the builder's legal history, explore patterns in their legal cases, and offer insights for potential buyers considering their projects.
Legal Case Overview
Evos Buildcon Private Limited has faced a total of two legal complaints, both of which they lost. This indicates a concerning trend for prospective clients. The details of the legal cases against Evos Buildcon are as follows:
- Case 1:
- Appellant Claim: The complainant sought a refund of Rs. 35,10,576/- for not receiving a plot as per the agreement.
- Respondent Claim: The builder contended that they had already paid the complainant and claimed there were no further dues.
- Verdict: The authority directed Evos Buildcon to return Rs. 12,57,521/- along with interest at 9.50% per annum compounded quarterly. - Case 2:
- Appellant Claim: The complainant sought a refund of Rs. 10,26,500 and compensation.
- Respondent Claim: The response indicated that the amount had already been paid to the complainant and her husband.
- Verdict: The authority upheld the complainant's claim, directing the builders to return Rs. 7,56,000 with interest at 9.50% per annum.
Analyzing the Builder's Legal Performance
Common Patterns in Lost Cases
- Refund Claims: Both cases revolved around claims for refunds, indicating that there may be issues related to fulfilling contractual obligations and delivering on promised properties.
- Financial Disputes: The builder frequently argues that payments have already been received, suggesting a lack of clarity or a breakdown in communication regarding financial transactions.
- Lack of Fulfilling Agreements: In both cases, failure to provide the agreed-upon plots led to grievances, highlighting a possible trend of unmet commitments from the builder's side.
Common Factors in Won Cases
It is noteworthy that while Evos Buildcon has experienced losses in both cases, they did not win any of the complaints. Instead, the cases resulted in compensation orders against them, demonstrating a lack of favorable outcomes in their legal pursuits. This consistent loss raises questions about the builder's reliability and adherence to the contractual obligations.
Conclusion
Based on the available data, Evos Buildcon Private Limited presents a concerning profile for potential buyers. The two legal cases against the builder indicate a pattern of unmet commitments and financial disputes. As no cases have been won by the builder, their reputation may be at stake, posing a risk for those considering an investment.
Tips for Potential Buyers
- Thorough Research: Investigate the builder's history and legal background before making any commitments. Look for reviews, past projects, and any legal grievances filed against them.
- Clear Contracts: Ensure that all agreements are clear and comprehensive. Pay attention to refund policies, timelines, and deliverables.
- Legal Safeguards: Consider consulting a legal expert when entering into agreements with builders to understand your rights and protections.
General Tips for Selecting a Builder
- Check Credentials: Look for builders with a good track record, licenses, and industry certifications.
- Visit Past Projects: If possible, visit previous developments to assess quality and functionality. Speak to current residents about their experiences.
- Financial Stability: Choose a builder with robust financial health to minimize the risk of project delays or non-completion.
In conclusion, while Evos Buildcon Private Limited may offer promising projects, potential buyers should exercise caution and conduct thorough research before proceeding with any investments.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed against Evos Buildcon Private Limited, where the builder lost, reveals several key themes and patterns. The cases primarily revolve around two topics: refund and compensation claims, and disputes over payment acknowledgement.
The refund and compensation claims stem from the complainants alleging that they were not provided plots as per their agreements with the builder. In two significant cases, the complainants claimed refunds of Rs. 35,10,576 and Rs. 10,26,500, respectively, along with compensation for the grievances caused. These cases highlight a troubling trend where buyers feel cheated where the builder fails to deliver on contractual obligations, leading them to seek substantial refunds and reparations.
The disputes over payment acknowledgement arise from the builder's claims that they had already paid the amounts due to the complainants. However, the legal authorities did not accept this defense, indicating a significant communication gap or a lack of valid documentation regarding payment settlements between the builder and the buyers. This raises questions about Evos Buildcon's payment processing and customer communication practices.
Common reasons for the litigation in these cases include the builder's failure to adhere to the terms of the sale, resulting in claims for refunds and compensation, and the builder’s inability to provide adequate proof of payment settlements. The outcomes suggest that Evos Buildcon may have faced challenges related to maintaining proper transaction records or honoring agreements, which are critical in real estate transactions.
The builder lost these cases primarily due to the inadequacy of their defense, which was rooted in insufficient evidence supporting their payment claims. The authorities observed that the builder did not fulfill their commitments, which further weakened their stance in the litigation. Overall, these cases shine a light on the importance of transparency, solid documentation, and ethical practices in the real estate sector, and serve as a cautionary tale for potential buyers considering engagements with Evos Buildcon.
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 |
|---|---|---|---|---|---|---|---|
| Complaint Case No.5… | Odisha | The complainant, Mr. Sadashiba Nayak, filed a cas… | ["Refund", "Compens… | {"appellant_claim": "The complainant claimed a re… | Mr. Sadashiba Nayak | Evos Buildcon Priva… | https://rera.odisha.gov.in/wp-content/uploads/2022/11/52-22.pdf |