CIN | U07010KA2003PTC031632 |
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Year Established | 24-Feb-03 |
Address | PN PLAZA, No.1090/B,18th Cross, 3rd Sector, HSR Layout Bengaluru Bangalore KA 560102 IN |
Company Status | Private |
In the world of real estate, the reputation and track record of a builder can significantly influence a buyer's decision. Oceanus Dwellings Private Limited, operating primarily in the states of Kerala and Karnataka, presents an interesting case study. With a total of ten complaints filed against them, the outcomes reveal both challenges and successes in their dealings with consumers. This blog post aims to dissect the legal battles faced by Oceanus Dwellings to provide potential buyers with an informed perspective.
The seven cases against Oceanus Dwellings Pvt. Ltd. that resulted in losses often featured similar threads:
Conversely, the three cases that Oceanus Dwellings won exhibited distinct characteristics:
Evaluating Oceanus Dwellings based on the available legal data presents a nuanced portrait of the builder. On one hand, the existence of complaints underscores issues related to customer satisfaction, particularly regarding refunds and compliance with agreed terms. On the other hand, the cases won suggest that when disputes arise, the company does demonstrate a commitment to resolving issues, albeit sometimes after legal intervention.
The experience with Oceanus Dwellings Private Limited exemplifies the complexities of the real estate buying process in India. A balanced view of their dispute history suggests potential buyers tread carefully, conducting thorough due diligence while remaining aware of their rights as customers. As with any investment, being informed is key to navigating the real estate landscape successfully.
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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 Oceanus Dwellings Private Limited, where the builder lost, revealed significant insights into their legal disputes. The cases can be categorized into several common themes, highlighting the builder's primary areas of contention.
The first theme, Delayed Possession Claims, encompasses a substantial number of cases. In these instances, buyers claimed that the builder had failed to deliver possession of their flats on time, leading to dissatisfaction and legal action. The builder's defense often revolved around their assertion of timely project completion and possession delivery, yet the verdicts consistently favored the claimants, indicating a disconnect between the builder's perceptions and the realities faced by buyers.
Non-compliance with RERA Norms is another recurring theme. Buyers accused the builder of failing to adhere to the Real Estate (Regulation and Development) Act, which aims to protect consumers in the real estate market. This non-compliance resulted in further legal penalties, stressing the importance of adhering to regulatory frameworks in real estate transactions.
Project Completion Disputes also stand out, with buyers questioning the builder's claims of complete project delivery. In one notable case, the builder acknowledged facing financial difficulties that hindered timely completion, but their offer of returns with interest was not accepted, leading to a more unfavorable ruling regarding interest payments.
Lastly, Refund and Interest Claims highlight the financial repercussions buyers sought due to delays and non-fulfillment of promises. Courts generally sided with buyers in these cases, mandating refunds and interest compensation, which demonstrates a commitment to protecting buyers' financial interests.
Common reasons for the litigation include contesting project delays, non-compliance with RERA, and disputes over financial returns. Buyers were often triggered to take legal action when they felt their timelines for possession were not met or when they suspected malfeasance in the builder's operations.
The builder lost these cases primarily due to insufficient evidence supporting their claims of timely completion and compliance, along with a lack of accountability for project delays. The rulings indicate a systemic issue where the builder may have either willfully or inadvertently misled buyers, leading to significant legal consequences.
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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CMP/190613/0003296 | Karnataka | The complainant, Premchandran Nammili, filed a co… | ["Delay in project … | {"appellant_claim": "The complainant claimed that… | Premchandran Nammili | Oceanus Dwelling Pr… | https://rera.karnataka.gov.in/reraDocument?DOC=804964 |
CMP/190923/0004272 | Karnataka | Complainant sought refund for delayed flat delive… | ["Delayed flat deli… | {"appellant_claim": "Refund of amount paid for de… | Mr. Kannan | Oceanus Dwellings P… | https://rera.karnataka.gov.in/reraDocument?DOC=634559 |
CMP/190414/0002650 | Karnataka | Complainant Ganesh Kumar filed a complaint agains… | ["Delay in possessi… | {"appellant_claim": "The complainant claimed that… | Ganesh Kumar | Oceanus Dwellings P… | https://rera.karnataka.gov.in/reraDocument?DOC=408493 |
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, Oceanus Dwellings Private Limited, which the builder won, revealed the following information.
The cases can be grouped under several common themes. The first theme revolves around Refund Claims, where complainants sought refunds for various reasons, ranging from cancellation of booking due to personal issues to demands for refunds with interest. A notable case involved a claim for a substantial amount of Rs.81,87,429/-; however, the builder successfully defended itself by showing that the complainant had effectively revoked their agreement.
Another recurring theme noticed is the Default of Appearance, wherein several complaints were dismissed simply because the opposing party failed to appear in court. This suggests a lack of commitment or perhaps inadequate understanding of the legal proceedings on the part of these parties.
In some instances, buyers claimed to have cancelled their bookings and sought refunds. For example, a complainant who had paid Rs. 3 lakhs as an advance found the issue moot when the builder presented evidence of having refunded the amount.
The common reasons these cases were pursued stemmed from buyers disputing refunds, contesting perceived project delays, or misunderstandings related to booking cancellation processes. A pattern of insufficient evidence from the complainants emerges, which poses significant challenges for them in proving their claims.
The builder won these cases primarily due to well-prepared defenses. The victories stemmed from the opposing parties often lacking substantive evidence or failing to comply with procedural requirements. For example, in cases dismissed for non-prosecution or default of appearance, the complainants did not adequately present their cases, allowing Oceanus Dwellings to successfully defend itself.
This analysis sheds light on the builder's reputation within the real estate market. It reflects that while legitimate disputes arise, many cases can stem from miscommunication or unfounded accusations. The builder, Oceanus Dwellings Private Limited, has demonstrated a robust capacity to defend against exaggerated or misrepresented claims.
For potential buyers, this teaches an important lesson about the real estate landscape. While there are instances where disputes are valid, the successful defense by builders like Oceanus Dwellings reflects a scenario where buyers should critically evaluate claims and seek extensive information before forming their judgments about a builder's reputation. Engaging in thorough due diligence and relying on credible information can greatly assist buyers in making informed decisions in the real estate 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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185/2021 | Kerala | Complaint dismissed for default of appearance by … | Default of appearan… | {"appellant_claim": "Not provided", "respondent_c… | Saji Samuel | Oceanus Dwellings P… | https://rera.kerala.gov.in/complaint-file/185/2021/Thomas P.G. & Saji samuel |
CMP/190413/0002643 | Karnataka | Complaint filed against Oceanus Dwellings Pvt. Lt… | ["Non-prosecution",… | {"appellant_claim": "Seeking refund with interest… | Oceanus Dwellings P… | https://rera.karnataka.gov.in/reraDocument?DOC=3268328 | |
CMP/171211/0000321 | Karnataka | The complainant sought refund of Rs. 3 lakhs from… | ["Refund of advance… | {"appellant_claim": "The complainant claimed that… | Praveen Choudhari | Oceanus Dwellings P… | https://rera.karnataka.gov.in/reraDocument?DOC=144034 |
CMP/200823/0006122 | Karnataka | The complainant filed a complaint against the res… | ["Refund of amount … | {"appellant_claim": "The complainant claimed that… | Oceanus Dwellings P… | https://rera.karnataka.gov.in/reraDocument?DOC=2870405 |