FALCON REALTY SERVICES PRIVATE LIMITED

Introduction

Falcon Realty Services Private Limited is a builder operating primarily in Rajasthan, with an established track record that raises numerous questions regarding its reliability and customer satisfaction. This blog post delves into the legal woes faced by the builder, evaluating both complaints lodged against it and outcomes of related legal cases.

Overview of Complaints

With a total of 19 complaints filed against Falcon Realty Services, the builder has found itself embroiled in legal disputes that highlight challenges within its operational practices. Out of these complaints, the builder has won 4 cases but lost a significant 15 cases. This disparity raises concerns about the builder’s compliance with regulatory standards and customer agreements.

Legal Case Analysis

Cases Lost by Falcon Realty Services

A deeper analysis of the cases the builder has lost reveals some common themes:

• Lack of Presentation of Evidence: In multiple instances, the builder has claimed that significant information regarding court orders was not presented to relevant authorities during proceedings. This undermines the credibility of the builder in legal scenarios.
• Dismissed Claims due to Lack of Standing: One case was dismissed because the complainant was found not to be an aggrieved party under the Real Estate (Regulation and Development) Act 2016. This indicates potential weaknesses in the builder's engagement with clients regarding contract stipulations.
• Frequent Legal Disputes regarding Non-Completion of Projects: Cases reflect a consistent pattern where complainants sought relief due to delays and non-fulfillment of commitments related to property delivery.

Cases Won by Falcon Realty Services

Conversely, the 15 cases won by Falcon Realty reveal certain notable aspects:

• Successful Defense Against Unfounded Claims: In several instances, the builder managed to stave off major claims from complainants seeking refunds or damages despite their assertions on the grounds of delays or non-completion of projects. Claims were often dismissed due to the absence of the complainants or lack of substantial evidence against the builder.
• Recovery Orders Due to Completion Failures: It’s important to note that even in cases won by the builder, many resulted in orders for refunds and penalties, indicating that even wins were often bittersweet, reflecting failure to meet project completion timelines.
• Administrative Dismissals: A few cases were dismissed on procedural grounds, which suggests that the builder's ability to navigate the legal framework, albeit sometimes strained, may play a crucial role in its litigation strategies.

Overall Assessment of Falcon Realty Services

The data regarding Falcon Realty Services suggests a mixed bag when evaluating their reliability as a builder. The high number of complaints and significant number of losses indicates systemic issues, particularly concerning project completion and communication with buyers. The builder has faced challenges in maintaining project timelines and fulfilling client expectations, as reflected in the lawsuits.

Tips for Potential Buyers

If you are considering purchasing from Falcon Realty Services, here are a few tips:

• Thorough Research: Investigate the builder’s past project completions and customer feedback to gauge their reliability and commitment.
• Check Legal Stature: Confirm whether there are any ongoing or past legal disputes that may affect your investment.
• Document Everything: Ensure all agreements, modifications, and communications are well-documented to safeguard your rights.
• Seek Independent Legal Advice: Before making any commitments, consult with a legal expert specializing in real estate.

General Tips for Selecting a Builder

When selecting any builder, keep these guidelines in mind:

• Reputation Check: Research online reviews, testimonials, and the builder's history regarding project delivery and client satisfaction.
• Verify Credentials: Ensure the builder is registered and has the necessary licenses for operations in your area.
• Inspect Previous Projects: If possible, visit previous projects completed by the builder to assess quality and workmanship.
• Understand the Contract: Carefully read through the contract terms, including timelines for delivery, payment schedules, and penalties for delayed possession.
• Communicate Openly: Establish clear lines of communication with the builder and maintain regular follow-ups on project status.

Conclusion

While Falcon Realty Services Private Limited operates in the competitive real estate market of Rajasthan, it’s crucial for prospective buyers to approach with caution. With a significant number of complaints and legal setbacks, potential buyers would be wise to conduct thorough due diligence before embarking on investment decisions. By understanding the complexities and challenges involved, buyers can protect themselves in a fluctuating market.

Analysis of the cases filed against Falcon Realty Services Private Limited, where the builder lost, reveals significant insights into the common themes and disputes faced by the builder. The cases can be broadly categorized into several types, highlighting the challenges faced by homebuyers and the builder's obligations.

The first prevalent theme is Delayed Possession Claims. In multiple instances, buyers claimed refunds due to the builder's failure to deliver possession of their flats on time. For example, multiple complainants paid substantial amounts (ranging from Rs. 7,86,370 to Rs. 7,99 lakh) towards their respective flats, yet none received possession, leading to multiple refund requests. This highlights an ongoing issue within the company, as buyers repeatedly cited delays as a critical factor in their decisions to seek refunds.

Another significant theme is Refund Disputes. Buyers sought refunds not only due to delayed possession but also because of what they perceived as a lack of progress on the projects. In several cases, the builder was ordered to refund the amounts paid by buyers, often accompanied by interest to compensate for the delayed justice. This indicates a growing distrust among buyers regarding the builder’s ability to fulfill agreements.

Penalties for Project Delays also stand out as a major theme. In one notable case, a penalty of Rs. 1,00,00,000 was imposed on the builder for failing to complete a project by the estimated completion date. Such penalties reflect the legal system's recognition of the builder's accountability and the need to expedite projects to meet contractual obligations.

The theme of Non-Compliance with Orders is also prominent. The builder faced legal consequences for not adhering to previous court orders, which further aggravated their legal disputes. In some cases, the builder failed to provide justification or defense, leading to default judgments against them.

Lastly, Errors in Documentation emerged as a minor but significant theme. There were instances where mistakes in legal documentation, such as incorrect names, were reported. While not a primary cause for the loss of cases, it highlights the importance of meticulous record-keeping in legal proceedings.

The common triggers for these legal disputes primarily revolve around the builder’s inability to deliver on promises—whether that be timely possession of homes or compliance with legal requirements. Buyers were driven to seek legal recourse due to financial investments not yielding the expected outcomes, creating a pattern of refund requests and legal actions against delays.

The builder lost these cases predominantly due to a combination of factors: insufficient evidence to defend their actions, non-compliance with legal orders, and a lack of transparency regarding project completion timelines. The repeated failures to deliver possession and meet regulatory requirements created a hostile legal environment, as evidenced by the significant penalties imposed. Overall, this analysis underscores the importance for builders to prioritize timely communication and adherence to obligations, ensuring that homebuyers receive their investments promptly and without complication.

An analysis of the cases filed against the builder, Falcon Realty Services Private Limited, which the builder won, revealed the following information.

The cases can primarily be grouped into three recurring themes: Claims of Aggrieved Party Status, Lack of Notification of Legal Orders, and Regulatory Compliance Issues.

• Claims of Aggrieved Party Status: In some instances, individuals like Madhu Singh attempted to present themselves as aggrieved parties, claiming violations under the Real Estate (Regulation and Development) Act 2016. However, the builder successfully argued that such claims lacked the proper standing, leading to dismissal.
• Lack of Notification of Legal Orders: Several cases revolved around the argument that certain legal notifications or orders (specifically from the Delhi High Court) were not communicated to the relevant authorities at the time of execution. The verdicts in these cases resulted in the removal of the cases from the cause list, with directions to pursue claims through the official channels.
• Regulatory Compliance Issues: There were also disputes regarding compliance with various project requirements, wherein the builder defended its actions by showcasing adherence to legal protocols, resulting in the discharge of notices against them.

The reasons that led parties to file complaints often included contesting project delays, alleging failures in compliance with regulations, or misunderstandings of the builder's obligations. Interestingly, these disputes often arose from miscommunication or a lack of understanding regarding the legal framework governing real estate transactions.

The common reasons for the builder's success in court included insufficient evidence from the opposing party, a clear demonstration of regulatory compliance by the builder, and instances where parties failed to follow due legal procedures or understanding of their claims. It also highlights the instances of exaggerated claims or misunderstandings by buyers, where the builder was able to defend itself robustly.

This analysis sheds light on the builder’s reputation and serves as a reflection of the broader real estate market dynamics. It is not uncommon for builders to face accusations or claims that may not be grounded in solid evidence, leading to legal confrontations. Importantly, this showcases Falcon Realty Services Private Limited as a builder with a strong track record in effectively countering unwarranted claims.

For potential buyers, this situation underscores the importance of making informed decisions in the real estate market. While legitimate disputes do exist, our analysis indicates that builders such as Falcon Realty Services Private Limited can frequently defend themselves against exaggerated or unfounded accusations. Buyers are advised to approach claims with caution and seek reliable information to evaluate a builder's reputation accurately.