| CIN | U45200MH2010PTC200192 |
|---|---|
| Year Established | 17-Feb-10 |
| Address | 23, SABALE APARTMENT, SHANTI NAGAR KHOPOLI, KHALAPUR/ KHOPOLI KHOPOLI Raigarh MH 410203 IN |
| Company Status | Private |
Introduction
In the competitive world of real estate, the performance of builders can significantly impact the decisions of potential buyers. Kashi Homes Private Limited, operating primarily in Maharashtra, presents an interesting case study as they navigate the complexities of legal compliance within the realm of the Real Estate (Regulation and Development) Act, 2016 (RERA). This blog post explores the builder's legal history, particularly the complaints filed against them, the outcomes of their cases, and what potential buyers should consider when evaluating their offerings.
Legal Challenges Faced by Kashi Homes
Kashi Homes Private Limited has faced a total of two complaints, both of which resulted in unfavorable outcomes for the builder. Notably, the company has not won any cases to date. The legal details of the cases reveal a specific trend:
- Pattern in the Lost Cases：
- Both cases involved the builder seeking a waiver for the pre-deposit condition as stipulated in Section 43(5) of RERA. The cases were dismissed as the court ruled that the provisions for pre-deposit are mandatory.
- The consistent rejection of their requests for waivers suggests that the builder may not have adequately prepared their arguments or failed to meet the necessary legal requirements outlined by RERA.
No Cases Won
It is crucial to note that Kashi Homes has not won any cases against the complaints filed. This lack of successful outcomes may raise concerns about their legal strategies or operational compliance, suggesting a potential pattern of insufficient adherence to legal obligations.
Conclusion and Recommendations
Based on the provided data, Kashi Homes Private Limited is currently struggling with legal compliance issues. For potential buyers, it is advisable to proceed with caution when considering properties from this builder. Here are some tips for potential buyers:
- Conduct Thorough Research：Look into the builder’s legal history and review any previous complaints or cases against them.
- Verify Compliance with RERA：Ensure that the builder is compliant with all regulations stipulated under RERA to safeguard your investment.
- Consult Legal Experts：Before making a purchase decision, consult with a legal expert who specializes in real estate to understand the implications of the builder's past cases on your potential investment.
General Tips for Selecting a Builder
Regardless of your choice, consider these general tips when selecting any builder:
- Reputation Matters：Seek recommendations and read reviews about the builder from other buyers.
- Project History：Check the completion history of the builder’s previous projects for quality and timeliness.
- Transparency and Communication：A good builder should provide clear and transparent communication regarding project timelines and costs.
Final Thoughts
While Kashi Homes Private Limited operates within Maharashtra's vibrant real estate market, their legal challenges may pose risks to potential buyers. It is essential to stay informed and vigilant to make safe and sound investment decisions.
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Here you’ll find cases where the builder sued others but didn’t win. We’ve included a simple summary and key takeaways from each case.
The analysis of the cases filed by Kashi Homes Private Limited, which it lost, highlights several recurring themes that are essential to understanding the builder's disputes and litigation behaviors.
Pre-deposit Waiver Requests
A significant aspect of the cases involved the builder's attempts to seek waivers for the condition of pre-deposit under the Real Estate (Regulation and Development) Act (RERA). In the examined cases, Kashi Homes sought to avoid upfront payments mandated by legal orders, indicating a pattern of attempting to mitigate financial obligations associated with claims made against them.
Compliance with RERA Regulations
The opposing parties consistently emphasized the mandatory nature of the pre-deposit regulations. The builder’s requests were met with strong opposition, highlighting a potential oversight or misunderstanding of RERA's compliance requirements. This speaks to a larger issue within the builder's operational protocols and their engagement with regulatory frameworks.
The builder commonly brought these cases to court primarily to contest the penalties imposed by RERA and to dispute financial obligations related to pre-deposit requirements. However, the repeated denials of their requests indicate a lack of effective legal strategy or preparation. This pattern reveals certain triggers for litigation, specifically the builder's reluctance to adhere to upfront financial commitments despite regulatory mandates.
The reasons for the builder's losses in these instances primarily stemmed from insufficient evidence presented in court to support their claims for waiver. Additionally, there seems to be a consistent failure to comply with legal and regulatory obligations. The courts reinforced the interpretation of RERA's provisions as mandatory, indicating that the builder's understanding of their rights and regulatory duties may have been inadequate.
In conclusion, Kashi Homes Private Limited's experiences in these legal challenges underscore significant gaps in compliance and strategy, particularly with respect to RERA requirements. The builder may benefit from a deeper understanding of regulatory frameworks and an assessment of their legal approaches to avoid similar outcomes in the future.
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. Appin. No. 27… | Maharashtra | The applicant sought waiver of the condition of p… | ["Pre-deposit", "RE… | {"appellant_claim": "The applicant sought waiver … | Kashi Homes Private… | Mahindrapal Singh | https://drive.google.com/uc?id=1nb80OBTNMOXmxGZzAMGBAbjohxjViwJa |
| Misc. Appin. No. 27… | Maharashtra | The applicant sought waiver of the condition of p… | ["Pre-deposit waive… | {"appellant_claim": "The applicant sought waiver … | Kashi Homes Private… | Mr. Nitoo Singh Ana… | https://drive.google.com/uc?id=1itMIOThjW4FQgn3CrkACEXzDd8pOrurc |