CIN | U45400HR2007PTC085779 |
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Year Established | 7-Nov-07 |
Address | F-022, LG, Sushant Arcade, Sushant Lok - 1, GURUGRAM Gurgaon HR 122002 IN |
Company Status | Private |
In the competitive real estate market, choosing the right builder is crucial for homebuyers and investors alike. Martial Buildcon Private Limited, active in Haryana and the National Capital Territory of Delhi, provides an interesting case for analysis based on its legal history and customer interactions. In this blog, we'll delve into the builder's track record in legal disputes, highlighting the patterns observed in their cases, and offer advice for potential buyers.
Martial Buildcon Private Limited has garnered various complaints over the years, with a total of 19 legal grievances filed against them. Out of these, they have won 7 cases while losing 12. Their active project locations are primarily in Haryana and the National Capital Territory of Delhi, hinting at a regional focus in their real estate undertakings.
Martial Buildcon filed 2 cases where they lost. In these instances, the builder claimed that the cancellation of a unit was due to unpaid installments, whereas the respondents contended they were not at fault and sought refunds. Ultimately, both cases resulted in a withdrawal where the builder refunded substantial amounts to the allottees. This indicates a tendency for the builder to reach settlements rather than pursue prolonged litigation.
There were 5 instances where Martial Buildcon lost cases initiated against them. The common thread in these cases is a failure to deliver possession of booked units promptly, combined with claims that the delays were due to unforeseen circumstances. Notably, these judgments often upheld regulations under the Real Estate (Regulation and Development) Act, indicating the builder had difficulty meeting regulatory timelines. Complaints were dismissed primarily because of jurisdictional issues concerning RERA, leading to frustration among potential buyers.
Conversely, the builder emerged victorious in 10 cases where complaints were lodged against them. Frequently, the complaints centered around non-delivery of possessions, but Martial Buildcon defended itself by asserting that buyers failed to make timely payments. In several instances, resolutions were arrived at via amicable settlement, reflecting a willingness from the parties involved to resolve conflicts outside of court. This trend suggests a strategic approach by Martial Buildcon to limit losses by negotiating settlements.
Based on the data analyzed, Martial Buildcon Private Limited presents a mixed bag for potential buyers. While they have demonstrated a capability to achieve settlements that favor them, the frequency of complaints related to delays in possession raises red flags. Buyers should proceed with caution and consider performing thorough due diligence prior to making any purchases.
In summary, while Martial Buildcon has strengths in settlement negotiations, prospective buyers should weigh these against their history of project delays and regulatory compliance issues.
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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.
Analysis of the cases filed against Martial Buildcon Private Limited, where the builder lost, reveals significant insights into the common themes and disputes faced by the builder. The cases can be broadly categorized into four types: Delayed Possession Claims, Refund and Compensation Disputes, Non-compliance with Real Estate Regulations, and Penalties for Project Delays.
The majority of the cases revolved around Delayed Possession Claims, where the complainants alleged that the builder failed to deliver possession of both residential and commercial units within the stipulated period. This theme emerged in nearly half of the cases, indicating a serious concern about the builder's ability to meet project timelines. Complainants in these cases often sought compensation for the delay, which suggests a pattern of dissatisfaction with the builder's performance.
Refund and Compensation Disputes were another frequent theme. In these cases, the complainants claimed refunds due to non-delivery of possession or sought compensation for what they perceived as breaches of contract or trust by the builder. The builder, on the other hand, consistently claimed that cancellations were valid due to the complainants' failure to make timely payments. This indicates a systemic issue where both parties often blamed each other for complications that arose in the purchasing process.
Several cases also highlighted Non-compliance with Real Estate Regulations, particularly the Real Estate (Regulation and Development) Act, 2016. Complainants alleged that the builder violated provisions of the Act, which raised critical questions about the builder's adherence to regulatory standards. The implications of these violations further undermine trust in the builder's operational integrity.
Finally, the cases demonstrated a need to address Penalties for Project Delays. The authority presiding over these disputes often directed the builder to pay interest on the amounts owed, indicating a legal acknowledgment of the builder's accountability for delays. This serves as a warning to potential buyers about the builder's reliability in completing projects on schedule.
The common reasons for the builder's losses in these cases include:
In conclusion, the analysis of these cases illustrates a challenging portrait of Martial Buildcon Private Limited. Buyers should be cautious and thoroughly evaluate the builder's commitments, regulatory compliance, and previous legal disputes before making any purchasing decisions. It is also crucial for the builder to address the underlying issues that have led to these legal challenges to restore transparency and trust in their operations.
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 the builder, Martial Buildcon Private Limited, that resulted in losses reveals a few recurring themes primarily revolving around disputes related to refunds and cancellation of units. Two significant aspects of these cases involve refund disputes where buyers contest the builder's claims of unit cancellations, and non-compliance with agreed-upon payment schedules.
Multiple cases reveal that the builder asserted that unit cancellations stemmed from buyers' failure to adhere to payment schedules. In contrast, respondents challenged these claims, seeking refunds on the grounds that cancellations were not valid or executed correctly. The disputes consistently centered around the timing and procedures of cancellations versus the buyers' expectations and claims for refunds.
A common pattern emerges from the builder's reasons for litigation. The builder often sought to justify cancellations based on late payments, showcasing a reliance on stipulated payment agreements. However, respondents frequently argued that the builder's actions were out of line with the contractual terms. Judging by the pattern, it appears the builder's legal approach was heavily focused on affirming its right to cancel contracts helped with reformation of procedures rather than negotiating proper terms with buyers before disputes escalated to litigation.
In analyzing the reasons the builder lost these cases, several key factors stand out. Notably, the cases were withdrawn after the parties reached settlements, indicating that the claims brought forth by the builder may not have had sufficient grounding in legal terms to withstand scrutiny. Common reasons for loss include potential failures in substantiating claims of compliance with contractual norms, inadequacies in evidence presented to support a cancellation, and misinterpretation of legal or procedural requirements pertaining to unit classification and cancellations. This highlights a need for builders to enhance clarity in their agreements and maintain open lines of communication with buyers, particularly regarding financial obligations and rights associated with property ownership.
Here you’ll find cases where the builder sued others and won. We’ve included a summary and key insights from each case.
An analysis of the cases filed by the builder, Martial Buildcon Private Limited, which it won, revealed the following information.
The cases primarily revolved around two common themes: 'Delayed Possession Claims' and 'Disputes Over Compensation'. Most of the cases involved allegations from the appellants regarding delayed possession of units, where they sought various forms of compensation. In defense, the builder contested these claims often citing 'Unforeseen Circumstances in Project Delays' as the reason for any delay in possession.
The builder, Martial Buildcon Private Limited, frequently appeared in court to contest the penalties and compensation fees claimed by buyers. A key pattern noted in their litigation was the firm's position that many delays were beyond their control due to external factors, which the appellants tended to overlook or misinterpret. This led to a significant number of cases being resolved through settlements, often signaling that parties reached an understanding rather than pursuing prolonged litigation.
Martial Buildcon Private Limited won these cases primarily due to several compelling factors. Often, the opposing parties failed to provide sufficient evidence to support their claims, or they misjudged the legal grounds for the builder’s responsibilities. In many instances, misunderstandings regarding legal or regulatory requirements also played a critical role in the builder’s victory. The efficiency and clarity in Martial Buildcon's defense ensured that any false or exaggerated claims were effectively contested.
These findings present a larger picture regarding the builder's reputation in the real estate market. They indicate a challenging landscape for builders, where claims, sometimes unfounded, can surface. However, Martial Buildcon's strong track record of defending itself against such accusations reflects resilience and a dedication to maintaining its standing in the industry.
For potential buyers, this analysis underscores the importance of making informed decisions. While disputes in the real estate sector are commonplace and may arise for a variety of reasons, the ability of builders like Martial Buildcon Private Limited to successfully defend against unjust claims is telling. Buyers are encouraged to approach any claims with a critical lens and seek reliable information before forming opinions about a builder's reputation. Vigilance and informed decision-making are key to navigating the complexities of real estate transactions.
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, Martial Buildcon Private Limited, which the builder won, revealed the following information.
were a common theme among the complaints, with several appellants claiming that the builder failed to hand over the booked units within the stipulated time frame of 36 months. These cases often revolved around whether the disputes could be adjudicated under the Real Estate Regulatory Authority (RERA) guidelines, showing a recurring concern among buyers regarding delays in possession.
emerged primarily when buyers contested the builder's adherence to statutory mandates. In one instance, the builder successfully argued that the project in question was registered with the Haryana Real Estate Regulatory Authority, thereby placing the matter outside the jurisdiction of complaints raised under RERA, NCT of Delhi. This highlights a potential misunderstanding of the regulations on the buyers' part.
also appeared as a distinct category where cases were dismissed either due to withdrawal by the complainants or amicable settlements between both parties. Such resolutions indicate that not all disputes arise from concrete failures, but often stem from negotiations or reconsiderations by the buyers.
The reasons behind these cases being brought to court include contested penalties for project delays and differing interpretations of compliance with land use regulations. Buyers likely filed complaints due to a combination of frustration with perceived delays and a misunderstanding of the regulations governing their agreements. The patterns show that buyers sometimes leap into legal action based on emotions instead of substantiated claims.
include insufficient evidence from the opposing parties, as complaints often failed to meet the necessary legal thresholds, or a fundamental misunderstanding of land and project classifications. Additionally, the builder effectively leveraged regulatory frameworks to counter claims regarding the delayed possession and ownership disputes, showcasing their responsiveness to procedural standards.
This analysis sheds light on Martial Buildcon Private Limited's reputation. It appears the builder has a commendable history of defending itself against allegations and reflects a broader trend in the real estate market, where emotional responses can lead to false accusations against builders. Potential buyers must remain cautious, as these legal battles show that builders like Martial Buildcon may often be up against exaggerated claims that do not hold merit in court.
In conclusion, to all potential buyers, it is vital to make informed decisions based on thorough research and reliable information. While genuine disputes do arise within the realm of real estate, the analysis of cases against builders such as Martial Buildcon demonstrates that they often stand strong against unjust accusations. Therefore, buyers should critically evaluate any claims presented and ensure they are well-informed before forming opinions about a builder's standing in the market.
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 |
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70/REAT/2022 | Delhi | The appellants filed a complaint against the resp… | ["Jurisdiction", "R… | {"appellant_claim": "The appellants claimed that … | Anr. | Martial Buildcom Pr… | https://rera.delhi.gov.in/sites/default/files/reat/orders_temp/24.11.2023%281%29.pdf |
CR/1288/2023 | Haryana | Neeraj Bansal filed a complaint against Martial B… | ["Real Estate Dispu… | {"appellant_claim(in detail)": "Neeraj Bansal fil… | Neeraj Bansal | Martial Buildcon Pr… | https://haryanarera.gov.in/assistancecontrol/viewOrderPdf/MTYwNzA3 |