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ICARUS BUILDERS AND DEVELOPERS PRIVATE LIMITED

  • No of Complaints: 2
  • States (Active in): Rajasthan
CIN U45201RJ2008PTC027147
Year Established 7-Aug-08
Address PLOT NO. 4/15, SHIVANAND MARG, MALVIYA NAGAR SCHEME, MALVIYA NAGAR, JAIPUR Jaipur RJ 302017 IN
Company Status Private

Introduction

In the complex world of real estate, choosing the right builder is crucial for ensuring a smooth purchasing experience. Today, we delve into the details of ICARUS BUILDERS AND DEVELOPERS PRIVATE LIMITED, a builder with operations primarily in Rajasthan. We will examine their legal standing, including the number of complaints filed against them, the outcomes of those cases, and patterns that may affect potential buyers' decisions.

Legal Summary

ICARUS BUILDERS AND DEVELOPERS PRIVATE LIMITED has faced a total of 2 complaints:

  • Number of Complaints: 2
  • Cases Won: 0
  • Cases Lost: 2

Despite their efforts, the builder has lost all legal proceedings against them. Here is a summary of the two cases:

  1. Case 1: A complainant sought a refund for a booking amount due to the builder's non-compliance with an earlier order. The builder argued that they needed more time to settle the refund and were in negotiations with the complainant for installment payments. However, the authority directed the attachment of the builder's unsold project units and bank account for auction to recover the refund amount.
  2. Case 2: A complainant who booked a villa for Rs. 1.21 crore and paid Rs. 11.01 lakh sought a refund after the builder failed to execute an agreement and the complainant subsequently canceled the booking. The builder admitted the receipt of funds but contested the refund amount, emphasizing that the paid amount was less than 10% of the total sale price. Ultimately, the builder was instructed to refund the entire booking amount, less a 10% charge along with any applicable taxes.

Case Patterns

Cases Lost:

  • Common Claim by Complainants: In both cases, the primary issue revolved around the builder's failure to execute agreements and adhere to previously mandated refund processes. This indicates a fundamental problem with contract execution and compliance on the builder's part.
  • Consumer Request for Refunds: Both outcomes featured complainants seeking refunds, highlighting a repeated pattern of financial dissatisfaction from their clients, likely due to delays or lack of formal agreements.

Cases Won:

  • Partial Acknowledgment: Although the builder lost both cases, there was an acknowledgment in their defense of the payments received and an attempt to negotiate further payments, indicating a willingness to dialogue, although this ultimately did not lead to a win.
  • Deduction of Charges: The builder was awarded partial favor concerning deduction claims, illustrating that while they did not win the cases, their arguments regarding cancellation charges were at least partially recognized.

Conclusion

Given the information available, ICARUS BUILDERS AND DEVELOPERS PRIVATE LIMITED appears to be facing significant challenges in fulfilling their obligations towards clients. The fact that they lost all their legal cases reflects poorly on their business practices and raises concerns for potential buyers. For those considering purchasing property from this builder, it is essential to approach with caution.

Tips for Potential Buyers

  1. Thoroughly Research: Investigate the builder's history, including any legal issues or complaints. Make sure to seek out customer testimonials to gauge previous buyers' experiences.
  2. Review Agreements Carefully: Before entering into any contracts, ensure that all terms and conditions are clearly stated and understood.
  3. Secure Refund Policies: Understand the refund policies and ensure they are favorable and legally enforceable. This is crucial, especially in cases where disputes may arise.
  4. Inspect Existing Projects: If possible, visit completed projects to evaluate the quality of work. This personal inspection can provide insight into what to expect from your purchase.

General Tips for Selecting a Builder

  • License and Certification: Ensure the builder is licensed and possesses any necessary certifications.
  • Track Record: Look for builders with a proven history of successful project completion.
  • Financial Stability: Analyze the builder's financial standing, as a stable builder is more likely to fulfill commitments.
  • Transparent Communication: Choose builders who maintain clear communication throughout the project lifecycle to avoid misunderstandings.

In summary, while the idea of purchasing property can be exciting, careful consideration and thorough research are vital when dealing with builders, especially those with a record of legal disputes such as ICARUS BUILDERS AND DEVELOPERS PRIVATE LIMITED.

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Refund Delays and Disputes Failure to Execute Agreements Compliance with Legal Orders

Analysis of the cases filed against Icarus Builders and Developers Private Limited, which the builder lost, reveals several key themes across the disputes. The cases highlight ongoing issues in the real estate sector, particularly concerning refunds, agreement executions, and compliance with authority decisions.

The first type of case revolves around Refund Delays and Disputes. In these cases, the builder failed to refund the booking amount to the complainants promptly. Common reasons for the delays included the builder's request for additional time to comply with previous orders and their attempt to negotiate installment payments instead of a lump-sum refund. The authority characterized these actions as non-compliance, leading to decisions that penalized the builder by directing the attachment of their assets.

Another significant theme is the Failure to Execute Agreements. The builder admitted to receiving substantial booking amounts (in one case, Rs. 11.01 lakh) but failed to execute any agreement with the buyer. This lack of documentation created ambiguity and empowered the buyer to cancel the booking and seek a refund. The builder's defense of wanting to deduct charges for multiple layout changes was not sufficient to prevent a refund, as the authority ruled in favor of the buyer, indicating a requirement for clear contractual agreements in real estate transactions.

Lastly, the Compliance with Legal Orders theme cuts across both types of cases. The builder's inability to adhere to previous orders from regulatory authorities resulted in harsher penalties, such as the auctioning of project units and the attachment of their bank accounts. This demonstrates a systemic issue where the builder may not be taking legal obligations seriously, where compliance is crucial to avoid legal ramifications.

In conclusion, the patterns emerging from these cases highlight common triggers for litigation, including delays in refunds, unexecuted agreements, and a general lack of compliance with legal standards. The builder's losses stem from insufficient evidence to support their claims, failure to meet regulatory requirements, and a lack of transparency in their dealings. As such, potential buyers should exercise caution and thoroughly vet Icarus Builders and Developers Private Limited before engaging in any business with 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
RAJ-RERA-C-2022-4783 Rajasthan Complainant booked a villa for Rs. 1.21 crore and… ["Refund of booking… {"appellant_claim": "The complainant booked a vil… Mahesh Kumar Mishra Icarus Builders and… https://rera.rajasthan.gov.in/Content/pdf/52612022-4783.pdf

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