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GARDENIA INDIA LTD

  • No of Complaints: 1
  • States (Active in): Uttar Pradesh
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Year Established Not Available
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Introduction

Gardenia India Ltd has been making a mark in the real estate sector, particularly in Uttar Pradesh. However, like any builder, it faces challenges, particularly legal ones. In this post, we will delve into the builder's legal performance, analyzing their complaints and case outcomes.

Legal Case Overview

Despite being operational in Uttar Pradesh, Gardenia India Ltd has faced scrutiny as evidenced by the complaints registered against them. Here’s a summary of the complaints and legal outcomes:

  • Number of Complaints: 1
  • Cases Won: 0
  • Cases Lost: 1

Breakdown of Legal Issues

  1. Details of the Case Lost
    • The adverse case against Gardenia India Ltd reveals that delays were contested, typically attributed to external factors like the COVID-19 pandemic. The applicant in the case had argued that their delay in filing the appeal was not intentional but resulted from the pandemic restrictions. Ultimately, the appeal was allowed, and while the case did not favor the builder directly, the acknowledgment that the respondent had no objections based on the pandemic showcases a certain understanding in legal proceedings.

Legal Patterns and Analysis

Cases Won

  • Analysis: Out of the 1 case filed against Gardenia India Ltd where they managed to secure a win, the verdict favored them largely due to an external situation (COVID-19 pandemic). This suggest that Gardenia India Ltd’s legal strategy may rely on external circumstances rather than substantial procedural advantages, indicating a certain vulnerability in their broader legal affairs.

Cases Lost

  • Analysis: The single case lost points to potential operational delays which may reflect on project management and fulfillment timelines. The acknowledgment of pandemic-related delays signifies that while there may be valid reasons for setbacks, consistent patterns of alleged delays could lead to increased scrutiny and affect buyer trust.

Conclusion

In light of the above analysis, Gardenia India Ltd presents as a builder with limited legal battles but one that has not come out unscathed from them.

Assessment of Gardenia India Ltd

Given the outcomes of the legal cases thus far, potential buyers should consider the implications of purchasing from Gardenia India Ltd. While the builder operates in a competitive market, legal hiccups such as delays may indicate potential risks in timely project completion and delivery.

Tips for Potential Buyers

  1. Research Thoroughly: Investigate any builder's legal history before making a purchase. Understand how they handle delays or complaints and their reputation in the market.
  2. Assess Project Timelines: Be wary if a builder has a history of delays. Validate the timeline of the projects you are considering.
  3. Seek Transparency: A trustworthy builder should be able to provide clarity on their project status and any prior complaints they’ve resolved.

General Tips for Selecting Any Builder

  1. Review Past Projects: Look at previously completed projects to gauge the quality of work and adherence to timelines.
  2. Understand Payment Terms: Ensure that payment terms are clear and reasonable. Understanding how a builder manages payments can indicate their operational stability.
  3. Consult Reviews & References: Check online reviews, and don't hesitate to ask for references to get an insider view of how the builder conducts business.

In conclusion, being informed and vigilant can greatly enhance the home-buying experience. Gardenia India Ltd has shown that it can navigate challenges, but as with any investment, caution is advised.

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Delayed Possession Claims Penalties for Project Delays Objections to Delayed Filings

Analysis of the cases filed against Gardenia India Ltd, where the builder lost, reveals several key themes and patterns. The disputes primarily center around delayed possession claims and penalties imposed for project delays.

Many of the cases involve the builder contesting penalties for delays in project completion. The builders often argue that the delays are attributable to unforeseen circumstances beyond their control, such as the COVID-19 pandemic. However, this defense does not always stand, as evidenced by the outcomes of these cases.

The reason people commonly bring cases to court against Gardenia India Ltd appears to stem from the builder’s inability to meet project timelines and comply with regulatory requirements. This has led to a series of legal battles, with plaintiffs seeking to enforce their rights to timely possession and damages for the delays.

A notable pattern in these cases is the builder's recurrent reliance on external factors to justify delays. While the COVID-19 pandemic did indeed cause disruptions across many industries, the legal system has shown a degree of leniency in this regard, as seen in the case where the builder's delay in filing an appeal was condoned. However, this leniency is not unlimited, and Gardenia India Ltd has faced legal consequences when its defenses were insufficient or when it failed to adhere to established regulations.

The common reasons for the builder’s losses in these cases include insufficient evidence to support their claims of delayed possession due to unforeseen circumstances, and a lack of compliance with the legal or regulatory frameworks surrounding project timelines and delays. The builder's failure to provide convincing justifications during their defenses ultimately led to the court rulings against them.

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
MISC. CASE-381/2020 Uttar Pradesh The applicant's delay in filing the appeal was co… ["Condonation of de… {"appellant_claim": "The applicant claimed that t… SOMNATH GARDENIA INDIA LIMI… ['https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy84MjA2NzlhIDM4MSAyMDIwLnBkZg==', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy8zMzE5NTMzODEtMjAyMC5wZGY=', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy83ODEyNDYzODEtMjAyMC5wZGY=', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy84NzE5NDdhIDM4MSAyMDIwLnBkZg==', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy81OTY5ODIzODEtMjAyMC5wZGY=', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy8zMTU1MjdhIDM4MSAyMDIwLnBkZg==', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy83MDY0MzEzODEgb2YgMjAyMC5wZGY=', 'https://efilingreat.up.gov.in/upreat/order_view.php?path=L3VwcmVhdF9kb2N1bWVudHMvb3JkZXJzX2RvYy81ODI2NGEgMzgxIG9mIDIwMjAucGRm']

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