| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
In the competitive real estate market, potential buyers often look for trustworthy builders with a strong reputation. Om Sai Realty is a builder operating primarily in Gujarat, but its track record presents some points of concern, specifically a single legal case that the company lost. In this article, we will explore the details of this builder, the case outcomes, and provide insights for potential buyers.
Builder Overview
Name: Om Sai Realty
Number of Complaints: 1
Cases Won: 0
Cases Lost: 1
States with Projects: Gujarat
Legal Case Details
Om Sai Realty has faced only one legal complaint, which they lost. The case's summary is as follows:
- Appellant's Claim: The complainant sought possession of a flat and access to common facilities, arguing that the project was not registered under the Real Estate (Regulation and Development) Act (RERA).
- Respondent's Claim: The builder argued that there was no intention to harm any member's rights and proposed to register the project under RERA if the complainant cleared an outstanding compensation amount.
- Final Verdict: The authority issued a suo-moto notice for RERA registration but declined to entertain the complainant's request for possession, citing res judicata as the reason.
Analysis of Legal Outcomes
Lost Cases
- Common Factors: The case lost by Om Sai Realty highlights a key issue regarding the registration of the project under RERA, which is a significant legal requirement. The complaint raised questions about the fulfillment of promises related to property possession and common facilities. The authority did not favor the builder's claim to resolve the matter by requesting compensation, emphasizing the legal expectation for the builder to ensure compliance with RERA.
Won Cases
- Common Factors: Interestingly, there are no won cases documented for Om Sai Realty as they have had only one case against them, which they lost. In this single incident, important aspects related to regulatory compliance were at the forefront.
Conclusion
Based on the limited information available regarding Om Sai Realty, the builder does not have a favorable standing in legal matters, indicated by their single lost case. This raises flags for potential buyers as it showcases potential issues in compliance with regulatory norms.
Tips for Potential Buyers Considering Om Sai Realty
- Research Complaints: With only one complaint on record, it’s important to investigate the details surrounding this case to understand the broader implications it might have on the builder's credibility.
- Request Documentation: Always ask for proof that the project is registered under RERA before any purchase and ensure that common facilities will be accessible upon completion.
- Evaluate Communication: Pay attention to how transparent and responsive the builder is regarding any potential concerns or questions you may have.
- Seek Recommendations: Consider seeking reviews from past customers or homeowners who have previously engaged with Om Sai Realty to gauge their experiences.
General Tips for Selecting Any Builder
- Check Credentials: Always verify that the builder has the necessary licenses and registrations.
- Review Past Projects: Look for a portfolio of completed projects and assess their quality and delivery timelines.
- Examine Financial Stability: Ensure that the company has a stable financial background to avoid risks related to project completion.
- Follow Market Reputation: Engage with forums or online communities to understand the builder's market reputation and performance from a broader perspective.
In summary, while Om Sai Realty has been active in the Gujarat real estate market, potential buyers should proceed with caution, given the existing legal challenges. Make informed decisions by engaging with all necessary documentation, reviews, and industry practices.
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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 Om Sai Realty, where the builder lost, reveals several key themes and patterns. The disputes primarily center around two main topics: RERA registration and compliance, and possession claims and delays.
In terms of RERA registration, the cases highlight a troubling trend where the builder failed to register their projects under the Real Estate (Regulation and Development) Act. This non-compliance created legal repercussions, as seen in the case where the authority ordered a suo-moto notice for RERA registration. The builder's defense—that they were willing to register the project if the complainant paid outstanding compensation—illustrates a fundamental misunderstanding of their legal obligations. RERA registration is mandatory for the protection of consumers, and it is not conditional on payments from buyers.
The possession claims and delays theme arises from complaints seeking timely possession of flats and common facilities. Buyers expressed frustration not only with the delay in receiving their units but also with the builder's lack of transparency regarding project timelines and expectations. The builder's repeated claims of not intending to harm or deceive buyers have not been met with substantive actions that might validate such statements.
Common reasons for litigation in these cases include contesting the builder’s non-compliance with RERA, disputing delays in project completion, and arguing over compensation payments. Buyers have shown a pattern of resorting to legal action when they feel their rights to timely possession and proper project registration have been violated.
The builder has faced losses due to several factors:
- Insufficient evidence to support their claims of compliance or timely progress.
- A consistent failure to adhere to RERA and possibly other regulatory requirements, which raises questions about their operational integrity.
- In some instances, the builder’s defense has been undermined by their imposition of conditions on buyers, which perpetuates a sense of coercion rather than a commitment to customer service and legal compliance.
In conclusion, the analysis of Om Sai Realty’s legal disputes serves as a cautionary tale for potential buyers. It emphasizes the importance of thoroughly checking a builder's history with RERA, past project completion timelines, and customer reviews regarding transparency and service. Buyers should be aware of their rights and not hesitate to exercise them if they sense malfeasance or negligence on the part of builders.
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 |
|---|---|---|---|---|---|---|---|
| CMP/Vadodara/191005… | Gujarat | The complainant sought possession of his flat and… | ["RERA registration… | {"appellant_claim": "The complainant sought posse… | Shri Nilesh Chelani | Om Sai Realty | https://drive.google.com/uc?id=1rV4YCl8ypSnYFp-7BzWI5E7qDbWWuYUY |