| CIN | U70101DL2005PTC134588 |
|---|---|
| Year Established | 31-Mar-05 |
| Address | B-418 NEW FRIENDS COLONY NA NEW DELHI South Delhi DL 110025 IN |
| Company Status | Private |
In the dynamic world of real estate, selecting the right builder is crucial for potential homeowners. Today, we delve into the performance and legal history of JUBILIANT MALLS Private Limited, a builder primarily operating in Haryana. With a total of six complaints filed against them, this builder's legal history raises questions worth our exploration. Let's analyze their case outcomes, identify patterns, and draw relevant conclusions for prospective buyers.
Overview of Legal Cases
JUBILIANT MALLS Private Limited has faced a total of six complaints, with a balanced outcome of three cases won and three cases lost. Understanding the nature of these cases reveals a significant amount about the builder's operations and reliability.
Analysis of Cases Lost
The builder lost three cases, all involving complaints from appellants who claimed to be allottees of the project 'Engracia by ILD.' Their central grievance was the failure of the builder to provide a definitive date of possession for their purchased units. JUBILIANT MALLS, on the other hand, contended that these appellants were not actual allottees, thereby declaring the complaints inadmissible. The verdicts consistently directed the appellants to recover their amounts from the Civil Court, indicating a lack of adherence to set agreements or documentation by the builder.
Common Factors in Cases Lost:- Claim of Non-Allottee Status: The builder frequently argued that the complainants were not allottees, which indicates potential communication or documentation issues.
- Failure to Provide Possession Dates: The lack of clarity regarding possession dates has been a recurring theme, leading to dissatisfaction among buyers.
- Compensation Route: All cases resulted in the appellants being referred to approach the Civil Court for recovery, demonstrating that the builder did not settle these grievances amicably.
Analysis of Cases Won
Conversely, in the three cases that JUBILIANT MALLS won, the builder successfully defended claims regarding delays in possession and violations of the Real Estate (Regulation and Development) Act, 2016. The authority agreed in one case where the complainant sought compensation for delays but found that the builder was not at fault as the delays were due to unforeseeable circumstances. These outcomes show that JUBILIANT MALLS was able to leverage terms and conditions from purchase agreements to support their defenses.
Common Factors in Cases Won:- Awareness of Terms: The cases highlighted that complainants were often aware of the contractual terms, placing some responsibility on them for any payment lapses.
- Justification of Delays: The builder successfully claimed that the delays were unavoidable, pointing to external factors rather than a failure in their project management.
- Refund and Possession Orders: The cases won indicate that while some customers were entitled to refunds, the builder provided directives to fulfill possession requirements, showcasing a willingness to complete transactions despite earlier delays.
Conclusion and Recommendations
Evaluating JUBILIANT MALLS Private Limited, their legal encounters suggest a builder grappling with customer communication and timely possession delivery while successfully defending against claims that lack substantiated proof of negligence. For potential buyers considering a purchase:
- Document Verification: Always ensure you have a comprehensive understanding of your purchasing agreement and that your allottee status is validated.
- Clarify Possession Terms: Request clear timelines and seek written commitments regarding possession to avoid future disputes.
- Research Past Complaints: Familiarize yourself with any previous complaints and resolutions to gauge the builder's reputation.
General Tips for Buyers When Selecting Any Builder
- Check Credentials: Assess licenses, registrations, and past projects for quality assurance.
- Seek Reviews: Read customer testimonials and feedback to gain insight into the builder's reliability.
- Understand Legal Rights: Be familiar with relevant real estate regulations and your rights as a buyer.
- Inspect Projects: If possible, visit completed projects to evaluate the standard of workmanship and materials used.
In summary, careful research and communication are crucial elements when considering purchases from any builder, including JUBILIANT MALLS Private Limited.
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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.
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 |
|---|---|---|---|---|---|---|---|
| CR/4366/2021 | Haryana | The complainant, Virender Chhabra, filed a compla… | ["Delay in possessi… | {"appellant_claim": "The complainant claimed that… | Virender Chhabra | Jubiliant Malls Pri… | https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTM2MDUw |
| 4746 of 2021 | Haryana | The complainant, Suresh Kumar, filed a complaint … | ["Real Estate", "Re… | {"appellant_claim": "The complainant claimed that… | Suresh Kumar | Jubiliant Malls Pri… | https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTQxOTI1 |
Here you’ll find cases where others sued the builder, but the builder won. We’ve included a summary and key insights from each case.
An analysis of the cases filed against the builder, JUBILIANT MALLS Private Limited, which the builder won, revealed the following information. The cases predominantly revolved around claims regarding the status of allotment, with appellants arguing that they were allottees of the project 'Engracia by ILD' and demanding the commitment of possession dates. However, the builder contested these claims by asserting that the appellants were not valid allottees and that the complaints were non-maintainable. This leads to a pattern of disputes where the primary issues are centered on the legal status of the complainants in relation to the project.
The reasons why these cases were brought to court primarily include contesting the status of allotment and seeking clarity on the expected possession timelines. Buyers often claimed to be entitled to possession dates despite the builder's defense that their applications were not legally justified. These claims illustrate the frustration frequently faced by buyers in the real estate market, along with a potential misunderstanding of the legal frameworks governing such agreements. Additionally, the fact that several complaints share a similar claim structure indicates that groups of appellants may have been influenced by peer sentiment or advice leading them to believe they had legitimate grounds for their complaints.
JUBILIANT MALLS Private Limited successfully defended itself in these cases primarily due to the insufficient evidence presented by the opposing parties, and the failure of appellants to demonstrate their rights to claim positions as allottees. By proving that the plaintiffs lacked maintainability in their complaints, the builder showed its legal acumen and strict adherence to regulatory stipulations. This not only reflects the builder’s strong legal standing but also points to possible instances where buyers may have made exaggerated claims against them.
The outcome of these cases speaks volumes about the reputation of JUBILIANT MALLS Private Limited within a challenging real estate environment. It highlights a common scenario in the real estate market, where builders like JUBILIANT are frequently required to defend against claims that may not always be backed by legal substantiation. This reality exposes the potential risks for buyers who might fall prey to misleading information or lack of due diligence regarding their claims.
In conclusion, potential buyers are advised to exercise caution and thoroughly investigate before forming opinions about a builder's reputation. While disputes are inherent to the real estate market, this analysis underscores that JUBILIANT MALLS Private Limited has demonstrated a solid track record in defending itself against unjust accusations. Buyers should ensure they are armed with reliable information and context to navigate this landscape effectively.
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 |
|---|---|---|---|---|---|---|---|
| 596 of 2021 | Haryana | The appellants, Jatinder Kumar, Sanjeev Kumar, an… | ["Maintainability o… | {"appellant_claim": "The appellants claimed that … | Satwanti | Jubiliant Malls Pri… | https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTEzNjcx |