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PATEL ENGINEERING LIMITED

  • No of Complaints: 10
  • States (Active in): Bengaluru, Karnataka
CIN L99999MH1949PLC007039
Year Established 2-Apr-49
Address PATEL ESTATES V ROAD JOGESHWARI (WEST) , MUMBAI, Maharashtra, India - 400102
Company Status Public

Introduction

Patel Engineering Limited has made its mark in the construction industry by undertaking various projects, notably in Bengaluru, Karnataka. With a portfolio that includes residential developments, the company has faced its share of challenges. This article provides a detailed overview of the legal cases associated with Patel Engineering Limited, offering insights into their performance as a builder.

Legal History of Patel Engineering Limited

Overview of Complaints

Patel Engineering Limited has amassed a total of 10 complaints, resulting in a mixed record in legal proceedings. The company has won 1 case while losing 9 cases. This statistic highlights potential concerns for prospective buyers regarding the builder's reliability and transparency.

Cases Lost by the Builder

Among the 10 complaints filed against Patel Engineering Limited, there is just 1 case where the builder lost. The details of this case reveal some key patterns:

  • Lack of Registration: The significant issue raised was the lack of project registration. The complainant sought a directive for the project to be registered, indicating that potential buyers may face uncertainties regarding the legitimacy of projects being handled by the builder.
  • Failure to Attend Proceedings: In this instance, the complainant's absence led to the dismissal of the case. This factor emphasizes the importance of active participation in legal processes, suggesting that conflicts may escalate if complainants fail to present their cases adequately.

Cases Won by the Builder

In contrast, Patel Engineering Limited has won 9 cases. These outcomes showcase specific common factors:

  • Delays in Possession: A recurring theme in the majority of the cases won by the builder involved complaints about the delay in handing over possession of apartments. Complainants sought interest on the delay period, and the builder’s successful defense hinged on claims of not failing to hand over possessions as contractually obligated.
  • Compensation and Refund: The authority directed Patel Engineering to pay interest on delayed possession and to refund amounts with interest on various occasions, indicating that, while they may have won these cases, they frequently encountered issues regarding timely delivery and customer satisfaction.
  • Acknowledged Payments: The builder often referenced the acknowledgment of payments as part of their defense, suggesting that clear communication and record-keeping about financial transactions can play a role in resolving disputes favorably.

Conclusion

Overall Assessment

Patel Engineering Limited demonstrates a notable dichotomy in its legal outcomes. While the company has successfully defended itself in the majority of its cases, the consistent issues surrounding delays and project registration serve as red flags for potential buyers. Prospective customers should be aware of these legal challenges and approach with caution.

Tips for Potential Buyers

  1. Research Carefully: Investigate the builder’s reputation thoroughly by reviewing past complaints and legal outcomes.
  2. Request Documentation: Ensure that all projects are properly registered and obtain documentation of project status before proceeding with purchases.
  3. Verify Completion Timelines: Clarify the timelines for project completion and possession delivery, and seek contracts that include penalties for delays.
  4. Seek Legal Advice: Consider consulting with a legal professional for guidance on contracts and rights before making a purchasing decision.

General Tips for Selecting Any Builder

  • Check Reviews and Ratings: Look for customer reviews and ratings on various platforms to gauge the builder's reputation.
  • Visit Completed Projects: If possible, visit completed projects to assess quality firsthand.
  • Discuss Concerns Upfront: Communicate any concerns regarding timelines, costs, and project details directly with the builder.
  • Understand Terms and Conditions: Read all terms and conditions thoroughly to understand your rights as a buyer.

By taking these steps, potential buyers can navigate the complexities of working with builders like Patel Engineering Limited and make informed decisions.

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Delayed Possession Claims Refund Disputes Delay Compensation Claims Force Majeure Defenses

Analysis of the cases filed against Patel Engineering Limited, where the builder lost, revealed significant insights into the common themes and disputes faced by the builder. The cases can be broadly categorized into four topics: Delayed Possession Claims, Refund Disputes, Delay Compensation Claims, and Force Majeure Defenses.

The majority of the cases revolved around Delayed Possession Claims, where the complainants sought interest on the delay period due to the builder's failure to hand over possession of apartments or villas within the stipulated timeline. In each of these cases, the builder's defense often cited a lack of communication regarding the actual delivery date or project status, yet this defense consistently failed to persuade the authorities.

Refund Disputes emerged as another significant theme, with complainants alleging that the builder had not refunded advance payments despite repeated requests. The builder's claims of non-receipt of objections or documentation did not stand, leading to decisions mandating refunds with interest.

Delay Compensation Claims often overlapped with delayed possession claims, with complainants seeking compensation for the prolonged duration in which they were unable to receive their properties. The builder frequently attributed delays to force majeure events such as heavy rains, strikes, and disruptions in supply chains; however, the adjudicating bodies typically accepted these reasons only to a limited extent, often awarding interest at rates above the SBI's MCLR.

The builder's reliance on force majeure defenses was a common pattern across several cases. While it is essential to acknowledge that certain situations may warrant delays, the repeated invocation of this defense without adequate evidence of mitigating actions or clear communications regarding project statuses ultimately worked against the builder's interests.

In conclusion, the primary reasons contributing to Patel Engineering Limited's losses in these cases include:

  1. Insufficient evidence to support their claims of timely communication and project management.
  2. Failure to meet contractual obligations regarding possession delivery timelines.
  3. Inadequate responses to refund requests from buyers.
  4. Over-reliance on force majeure defenses without demonstrating a proactive approach to resolving delays.

Buyers considering projects by Patel Engineering Limited should take these patterns into account, weighing the potential risks of delayed possession and the need for clear, communicative project management.

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/221007/10053 Karnataka Complaint filed for refund of amount paid for a f… ["Refund of amount … {"appellant_claim": "The appellant claimed that h… Patel Engineering L… https://rera.karnataka.gov.in/reraDocument?DOC=3877383
CMP/221029 Karnataka Complaint filed for delay period interest in a re… ["Real Estate", "De… {"appellant_claim": "The complainant claimed dela… Mr. Amit Sen Patel Engineering L… https://rera.karnataka.gov.in/reraDocument?DOC=3877368
Project Registration Disputes Claims of Non-appearance in Legal Proceedings # Additional themes could be added as more cases are analyzed

An analysis of the cases filed against the builder, Patel Engineering Limited, which the builder won, revealed several key insights involving common themes and trends.

1. Project Registration Disputes

One of the recurring themes from the cases involved disputes regarding the registration of projects. In the highlighted case, the complainant claimed that the developer had not registered the project, leading to legal action for a direction to register. The builder successfully countered this by providing evidence of prior registration, indicating that the accusations were unfounded.

2. Claims of Non-appearance in Legal Proceedings

A notable reason for dismissal in the analyzed cases was the absence of the complainant in proceedings. In the case mentioned, the respondent emphasized that the complainant had failed to appear, ultimately leading to a dismissal due to the complainant's lack of presence. This highlights a potential trend where claimants may not be adequately prepared to follow through with their complaints.

The reasons these cases were brought to court generally fell into a few significant categories: contesting penalties, claims of delays in project completion, and disagreements over the registration status of real estate projects. The complaints often stem from buyer frustrations, lack of understanding regarding builder compliance, or misinterpretations of procedural norms.

A common thread in the favorable verdicts for Patel Engineering Limited was the evident insufficient evidence provided by the opposing parties. The dismissals often reflected non-compliance with legal protocols by the complainants, suggesting that buyers may sometimes be misinformed about their legal standing or the actual state of affairs regarding their purchased properties. The builder's ability to demonstrate compliance with legal requirements and provide substantial proof of their project’s registration is commendable and indicates a robust legal defense capability.

From this analysis, it is clear that Patel Engineering Limited has maintained a strong reputation in the sector, successfully defending itself against claims that appear to be based on misunderstandings or inaccuracies from buyers. It also highlights a broader trend within the real estate market where buyers can err in their assertions, leading to unnecessary legal challenges for builders.

To potential buyers, it is crucial to approach claims and disputes carefully and thoughtfully. While there are legitimate grievances in the real estate market, it’s important to thoroughly investigate any allegations before forming opinions about a builder’s reputation. The favorable outcomes for Patel Engineering Limited in these cases suggest that the builder is capable of defending itself effectively against unjust claims. Therefore, having reliable information and understanding your rights and responsibilities in real estate transactions is essential for making informed decisions in this arena.

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