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KGEYES RESIDENCY PRIVATE LIMITED

  • No of Complaints: 3
  • States (Active in): Tamil Nadu
CIN U45201TN1993PTC025171
Year Established 04 June 1993
Address SRUSTHTISSTHAL,NO.10,2NDCROSSSTREET,RAJAANNAMALAIPURAM, , CHENNAI-28, Tamil Nadu, India - 600028
Company Status Private

Introduction

In today's real estate market, selecting a reliable builder is crucial for homebuyers. One such builder, Kgeyes Residency Private Limited, has experienced a variety of legal challenges that warrant a closer examination. With operations primarily in Tamil Nadu, this blog post aims to analyze the builder's legal history, draw insights from complaints, and offer guidance for potential buyers.

Overview of Legal Complaints

Kgeyes Residency Private Limited has faced a total of three complaints. Of these, they have won one case and lost two, reflecting a mixed track record in legal matters.

Cases Lost

The case where Kgeyes Residency lost involved the complainant's claim for a car park and a request for maintenance charges based on the size of his flat.

  • Summary of the Lost Case:
    • Appellant Claim: The complainant argued that he was entitled to a designated parking space.
    • Respondent Claim: The builder contended that the parking space was not included in the sale deed and that the scope of maintenance charges wasn't governed by the Real Estate (Regulation and Development) Act, 2016.
    • Final Verdict: The authority determined that both claims lacked merit, leading to a loss for Kgeyes Residency.

This case indicates that issues concerning infrastructure entitlements and maintenance fees are critical touchpoints that could lead to disputes.

Cases Won

Kgeyes Residency has won two cases through amicable settlements.

  • Summary of the Won Cases:
    • First Case: In this instance, details were not provided, but the complaint was resolved through mutual agreement.
    • Second Case: The complainant alleged delays in construction, leading to mental and financial distress; however, the builder claimed the complainant was not a home buyer, therefore, the complaint was not maintainable. The authority eventually ruled that the complaint was indeed maintainable.

The wins highlight that disputes can often be resolved amicably, and maintaining clear communication can protect both parties involved.

Patterns in Legal Cases

Common Factors in Lost Cases

The lost case reflects a notable pattern where grievances arise from misunderstandings regarding property entitlements and the legalities surrounding maintenance fees. This indicates that potential buyers should pay careful attention to the specifics in their sale agreements to avoid similar issues.

Common Factors in Won Cases

In the cases won by Kgeyes Residency, a pattern of amicable resolution suggests that a willingness to negotiate can often yield favorable outcomes. Furthermore, the claim regarding construction delays reveals that clarity about customer status—homebuyer versus landowner—is crucial in these legal disputes.

Conclusion

Based on the analysis, Kgeyes Residency Private Limited presents a mixed reputation in terms of handling legal complaints. While they have successfully resolved issues through negotiation, the lost case regarding parking entitlements underscores potential pitfalls for buyers.

Tips for Potential Buyers

  1. Review Agreements Thoroughly: Take the time to read and understand the entire sale agreement, especially sections regarding amenities and maintenance fees.
  2. Stay Informed: Keep abreast of local real estate regulations, such as the Real Estate (Regulation and Development) Act, as it empowers buyers and defines their rights.
  3. Consider Legal Support: Consulting with a real estate lawyer can provide additional security and clarity when navigating contracts.

General Tips for Selecting Any Builder

  1. Research Builder Reputation: Look for reviews and feedback from previous clients to gauge reliability and service quality.
  2. Evaluate Completed Projects: Visit completed projects to assess quality standards and craftsmanship.
  3. Understand the Complaints Process: Familiarize yourself with how the builder handles disputes, as a transparent and fair process often reflects a solid ethical foundation.

By considering the insights provided in this post, potential buyers can make more informed decisions when choosing Kgeyes Residency Private Limited or any other builder.

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Delayed Possession Claims Disputes over Buyer Classification

Analysis of the cases filed against Kgeyes Residency Private Limited, where the builder lost, reveals several key themes and patterns. The cases can be broadly categorized into two types: Delayed Possession Claims and Disputes over Buyer Classification.

In the first type, Delayed Possession Claims, the complainant typically alleges that the builder has failed to complete the construction on time, resulting in mental distress and financial losses. An example of this is the claim made by the complainant who stated that the respondent delayed the construction and completion of flats.

The second type of dispute revolves around the builder's attempt to classify the complainant not as a home buyer but rather as a landowner, thereby contesting the validity of the complaint. This is evident in the builder's claim that the complainant is not a home buyer but a land owner, and thus the complaint is not maintainable.

Common reasons for bringing cases to court include contesting project delays, disputing classifications that may affect the complainant's rights, and alleging non-compliance with regulatory obligations. A pattern emerges where the builder’s litigation often stems from their attempts to redefine the relationship with the complainants or to attribute delays to other causes rather than acknowledging potential shortcomings in their operations.

The builder lost these cases primarily due to legal misclassifications and a lack of understanding of their obligations under the TNRERA. In one instance, the builder's counter claim regarding the complainant's status was not accepted, leading to an order to file a detailed counter affidavit, highlighting the inadequacies in their initial response.

In summary, Kgeyes Residency Private Limited has faced legal challenges that reflect broader issues often encountered in real estate transactions. Buyers should be wary of builders with a record of such disputes, as they may indicate operational inefficiencies or strategic attempts to evade accountability.

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
C.No.99 of 2020 Tamil Nadu The complainant, Dr. S. Gnanasundaram, filed a co… Delay in constructi… {"appellant_claim": "The complainant claimed that… Dr. S. Gnanasundaram KGEYES Residency Pr… https://rera.tn.gov.in/cms/tnrera_judgements/2020/99-2020.pdf
C.No. 395/2019 Tamil Nadu The complainants and respondent have settled the … ["Amicable settleme… {"appellant_claim": "Not provided", "respondent_c… Tvl. D. Jayachitra … KGEYES Residency Pr… https://rera.tn.gov.in/cms/tnrera_judgements/2019/395-2019.pdf
Entitlement to Parking Spaces Maintenance Charges Disputes

An analysis of the cases filed against the builder, Kgeyes Residency Private Limited, which the builder won, revealed the following information. The cases predominantly revolved around two main themes: 'Entitlement to Parking Spaces' and 'Maintenance Charges Disputes.' In these cases, the complainants often asserted their entitlement to car parks and sought modifications to how maintenance charges were calculated. In contrast, the builder maintained that such claims were not supported by the sale deeds and that the complaints fell outside the purview of the Real Estate (Regulation and Development) Act, 2016.

The reasons for bringing these cases to court included disputes over whether the complaining parties had legitimate claims to amenities like parking spaces and how maintenance charges were levied. A pattern emerged showing that buyers often felt entitled to additional benefits from the builder, leading to legal claims based on perceived oversights in their agreements.

Examining the reasons why the builder triumphed in these cases reveals several factors. In instances where the builder won, the opposing party frequently lacked sufficient evidence to substantiate their claims. Furthermore, the builder effectively exploited the non-compliance by the complainants with existing contractual and regulatory frameworks, demonstrating that certain expectations were unfounded as they had not been articulated in the sale deed. This signifies a recurring trend where misunderstandings about land and project classifications led to exaggerated claims from buyers.

This analysis provides meaningful insights into the builder's reputation and reflects on the broader real estate market. It highlights that, sometimes, buyers may launch false accusations against builders, resulting in unnecessary legal confrontations. Kgeyes Residency Private Limited’s strong track record of successfully defending against unjust claims speaks well of their reputation in the market.

In conclusion, potential buyers are advised to make informed decisions. While legitimate disputes exist within the real estate sector, the analysis of these cases illustrates that builders like Kgeyes Residency Private Limited can effectively defend themselves against unfounded allegations. Therefore, buyers should approach claims with caution and seek trustworthy information to form accurate assessments of a builder's standing.

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
C.No.21/2022 Tamil Nadu The complainant sought allotment of a car park an… ["Car park allotmen… {"appellant_claim": "The complainant claimed that… Thiru A. Ashok Kumar KGEYES Residency Pr… https://rera.tn.gov.in/cms/tnrera_judgements/2022/21-2022.pdf

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