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Overall Case Outcomes
Introduction
OM Constructions is a builder that has made a name for itself with projects across several states, including Madhya Pradesh, Chhattisgarh, Gujarat, and Punjab. However, like many builders, it has faced its fair share of challenges in legal matters. This blog post aims to unveil the complexities of OM Constructions’ legal journey, the patterns observed in their cases, and crucial tips for potential buyers.
Legal Overview
OM Constructions has faced a total of 27 legal complaints, resulting in 11 cases won and 16 lost. This paints a picture of a builder entangled in disputes, primarily concerning payment of maintenance charges and project completion responsibilities.
Cases Won
In the cases that OM Constructions successfully won, a clear pattern emerges:
- Non-payment of Maintenance Charges: A significant number of cases won by the builder relate to the non-payment of maintenance charges by non-applicants despite several demands. The authority typically ruled in favor …
Cases Lost by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
Analysis of the cases filed against Om Constructions, where the builder lost, reveals several key themes and patterns. The cases can be broadly categorized into four types: delayed possession claims, non-compliance with the RERA Act, disputes over property modifications, and failure to provide necessary documentation and facilities.
The most common theme among these cases is the delayed possession claim. Multiple applicants sought compensation due to delays in the possession of their properties. This highlights an ongoing issue in the real estate sector where builders often face challenges in completing projects on time, leading to dissatisfaction among buyers who expect timely possession of their investments.
Non-compliance with the RERA Act is another significant theme. The RERA (Real Estate Regulatory Authority) Act aims to protect the interests of homebuyers and ensure builders adhere to accepted standards. Om Constructions faced warnings and legal actions for failing to comply with RERA provisions, indicating …
Individual case details available for subscribers.
Cases Won by Builder (When Filing)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed by the builder, OM CONSTRUCTIONS, which it won, revealed the following information. The cases primarily revolved around two key themes: Non-payment of Maintenance Charges and Withdrawal of Complaints After Settlement.
The majority of the disputes can be grouped under the theme of Non-payment of Maintenance Charges. In these cases, OM CONSTRUCTIONS claimed that non-applicants had failed to pay their dues despite repeated notices and demands. Respondents often countered by claiming that services had not been provided to their satisfaction or that they would not honor payments until certain conditions were met—such as constructing a house on the plot. The final verdict consistently favored the builder, instructing non-applicants to pay the outstanding maintenance fees along with applicable taxes.
Another notable theme is the Withdrawal of Complaints After Settlement, as seen in a couple of instances where complaints against OM CONSTRUCTIONS were dismissed after the parties …
Individual case details available for subscribers.
Cases Won by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed against the builder, OM CONSTRUCTIONS, which the builder won, revealed the following information.
The complaints primarily fell into three categories: Delayed Possession Claims, Non-compliance with Municipal Orders, and Withdrawal of Complaints or Settlements.
In the cases of Delayed Possession Claims, the appellants argued that there were issues with the final reporting of project completion on the RERA web portal. However, OM CONSTRUCTIONS effectively demonstrated that the project had indeed been completed, citing delays were due to municipal permissions rather than any fault on their part.
The theme of Non-compliance with Municipal Orders arose from the claims regarding submission of final reports following project completion. Buyers and regulatory authorities often contested the builder's adherence to required documentation. In these instances, OM CONSTRUCTIONS was able to defend itself by providing evidence of fulfillment on their part, attributing delays to external factors outside their control.
Interestingly, some …
Individual case details available for subscribers.
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