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PRASHANT SAGAR BUILDERS & DEVELOPERS PRIVATE LIMITED

  • No of Complaints: 4
  • States (Active in): Madhya Pradesh, Madhya Pradesh (Bhopal)
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Introduction

Understanding a builder's track record is essential for potential homebuyers. This blog delves into PRASHANT SAGAR BUILDERS & DEVELOPERS Private Limited, examining their legal disputes and project history to provide a clearer picture of their reliability and performance in the real estate market.

Overview of PRASHANT SAGAR BUILDERS & DEVELOPERS

PRASHANT SAGAR BUILDERS & DEVELOPERS is a construction firm active primarily in Madhya Pradesh, including Bhopal. Despite a significant presence, they have faced legal challenges, reflected in four complaints, resulting in one case win and three losses. This performance raises concerns for potential buyers aiming to invest in their properties.

Legal Case Analysis

Cases Lost

The builder has experienced losses in vital customer complaints, particularly concerning the delivery of property. In one notable case, the applicant claimed that after paying Rs. 45.00 lakhs, the builder failed to provide possession of a flat or execute a sale deed. The builder argued that the project was unregistered with RERA and deemed the complaint false. Unfortunately for them, the RERA authority dismissed this case as it was considered not maintainable. This incident highlights a critical pattern: issues surrounding project registration and possession delivery can severely impact customer trust.

Cases Won

Conversely, in the cases that the builder won, the results indicate some complexity in their operations. While the builder successfully defended against claims of non-construction and delayed possession, the outcomes often included compensation rulings against them. In one instance, the adjudicating officer mandated that the builder pay the applicant the remaining amount plus interest for mental distress due to the project delays. This situation suggests that while the builder can argue against claims of non-compliance, the failures leading to these disputes imply systemic issues in project execution or communication with clients. These outcomes hint at a pattern: while legal victories exist, they often stem from the builder's inability to fulfill contractual obligations in a timely and satisfactory manner.

Conclusion

Overall, PRASHANT SAGAR BUILDERS & DEVELOPERS Private Limited's track record reveals mixed results that may concern potential buyers. Their documented failures to deliver properties on time and evidence of legal challenges should prompt caution.

Tips for Potential Buyers

  1. Conduct Thorough Research: Investigate the builder's past projects and customer experiences. Seek reviews and testimonials.
  2. Verify Project Registrations: Ensure that any project you're considering is registered with RERA to safeguard your investment.
  3. Request Transparency: Ask for clear timelines on project completion and possession dates before purchasing.

General Tips for Selecting a Builder

  • Assess Financial Stability: A builder's financial health can impact project execution. Investigate their background and standing within the market.
  • Check for Legal Compliance: Look for any legal disputes or complaints against the builder. Patterns of legal issues can be red flags.
  • Communicate Before Purchasing: Engage in open conversations with potential builders to gauge their responsiveness and willingness to provide information.

In summary, while PRASHANT SAGAR BUILDERS & DEVELOPERS has successfully navigated some legal hurdles, their history of complaints and lost cases calls for cautious consideration. Prospective buyers should remain vigilant and informed to make the best decisions regarding their investments in real estate.

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Delayed Possession Claims Failure to Comply with Orders Disputes over Payment and Compensation

Analysis of the cases filed against Prashant Sagar Builders & Developers Private Limited, where the builder lost, reveals several key themes across the various disputes. The cases can be broadly categorized into three main topics: Delayed Possession Claims, Failure to Comply with Orders, and Disputes over Payment and Compensation.

The first type of cases primarily involves claims made by buyers regarding delayed possession of their flats. In these cases, buyers presented evidence that they had paid the consideration amount for the flat, yet construction had not commenced, and possession had not been granted. The builder, in their defense, often cited reasons such as insufficient funds and delays in obtaining necessary approvals for the project. However, this defense did not stand, as the adjudicating officer ruled in favor of the buyers, ordering the builder to repay the balance amount along with interest and compensation for mental distress.

The second theme emerges from cases where the builder failed to comply with previous orders issued by the adjudicating officer. An example of this is when the builder did not pay the amount owed to a buyer as directed, leading to further legal action. In one case, the builder did not even appear before the authority or file a response, highlighting a concerning level of non-compliance.

Lastly, the disputes over payment and compensation involve situations where buyers sought compensation for delays in the real estate project, claiming that the builder had not fulfilled their commitments. The builder's typical response was to contest the buyer's eligibility for compensation by arguing that full payment had not been received. However, the authority ruled in favor of the buyers, indicating a legal recognition of buyers’ rights to timely possession and compensation.

A pattern observed across these cases is the frequent attribution of delays to external circumstances rather than acknowledging any fault on the builder's part. Buyers commonly brought cases to contest what they perceived as inadequate fulfillment of contractual obligations, particularly concerning timely delivery and transparency in communication of project statuses.

The builder lost these cases primarily due to insufficient evidence to support their claims of extenuating circumstances, failure to comply with previous legal orders, and a lack of understanding of their obligations regarding timely possession and compensation. These losses highlight significant operational and procedural shortcomings within the company’s management of real estate projects.

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
5/-II 40-20-0468 Madhya Pradesh (Bho… The applicant, Shri Rahul Kumar Tiwari, filed a c… ["Non-compliance", … {"appellant_claim": "The applicant claimed that t… Shri Rahul Kumar Ti… Prashant Sagar Buil… https://www.rera.mp.gov.in/upload/complaint_files/967768715696.pdf
4.40.48.4296 Madhya Pradesh The applicant sought possession of a cell and com… ["Real estate posse… {"appellant_claim": "The applicant sought possess… Shri Deepak Bhutra Prashant Sagar Buil… https://www.rera.mp.gov.in/upload/complaint_files/716175137616.pdf
4-II 470-18-0089 Madhya Pradesh The applicant filed a complaint against the non-a… ["Non-grant of poss… {"appellant_claim": "The applicant claimed that h… Shri Rahul Kumar Ti… Prashant Sagar Buil… https://www.rera.mp.gov.in/upload/complaint_files/386228211805.pdf
Delayed Possession Claims Disputes over RERA Registration Regulatory Non-compliance Claims

An analysis of the cases filed against the builder, PRASHANT SAGAR BUILDERS & DEVELOPERS Private Limited, which the builder won, revealed the following insights. The cases predominantly fell into three main categories: Delayed Possession Claims, Disputes over RERA Registration, and Regulatory Non-compliance Claims. Each of these categories highlights key concerns typically raised by buyers against builders in the real estate market.

The Delayed Possession Claims involve buyers claiming that they did not receive their properties as promised, often alleging that payments made for flats were ignored or mismanaged by the builders. The Disputes over RERA Registration emphasize the importance of complying with regulatory frameworks in real estate transactions. Lastly, Regulatory Non-compliance Claims reflect issues where buyers contest the adherence of builders to municipal regulations or project standards.

The reasons behind these cases largely stem from buyer dissatisfaction—such as perceived delays in possession, claims that builders failed to register their projects with RERA, or assertions of non-compliance with various regulations. Interestingly, disputes often highlight patterns of buyers either misunderstanding their agreements or facing unexpected challenges, leading them to take legal action against builders.

The builder’s successes in these cases can be attributed to several factors, including the opposing party’s insufficient evidence, non-compliance with legal or regulatory requirements among opponents, and misunderstandings regarding project classifications. In these instances, PRASHANT SAGAR BUILDERS & DEVELOPERS effectively defended against what can sometimes be characterized as false or exaggerated claims from buyers or regulatory bodies. This consistent capability to defend itself showcases the builder’s operational integrity and awareness of legal frameworks.

This analysis underscores a notable trend in the real estate market: while there are certainly legitimate grievances, these cases highlight that some buyers may mistakenly believe they have a valid claim. This situation often results in unnecessary legal disputes, putting builders in a defensive position. For prospective buyers, this means it’s crucial to approach claims against builders with a discerning perspective. Builders like PRASHANT SAGAR BUILDERS & DEVELOPERS Private Limited have demonstrated resilience against unjust accusations, reaffirming the importance of conducting thorough due diligence before making judgments on a builder's reputation.

In conclusion, potential buyers should be diligent in their research, recognizing that while legitimate disputes occur in the real estate sector, builders can and do defend themselves adequately against unfounded claims. It’s imperative for buyers to arm themselves with reliable information and insight before forming conclusions about a builder's credibility.

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
R)-8-467 Madhya Pradesh The applicant, Ms. Parul Machwe, filed a complain… ["Maintainability o… {"appellant_claim": "The applicant claimed that t… Ms. Parul Machwe Prashant Sagar Buil… https://www.rera.mp.gov.in/upload/complaint_files/749479727559.pdf

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