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PURVA SUNFLOWER PURVANKARA LIMITED

  • No of Complaints: 24
  • States (Active in): Bengaluru, Karnataka
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Year Established Not Available
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Overview of Purva Sunflower Purvankara Limited

Purva Sunflower, a project under Purvankara Limited, has garnered attention in the property market of Bengaluru and Karnataka. However, potential homebuyers and investors should be aware of the builder's track record and handle with due diligence before making a purchasing decision.

Legal Performance Breakdown

Purva Sunflower has faced a total of 24 complaints, with 6 cases won and 18 cases lost. This raises some concerns over its operational practices and customer satisfaction levels.

Cases Lost by the Builder

In the 18 cases lost, several patterns can be identified:

  • Non-compliance Issues: A significant number of cases were dismissed due to the builder's failure to comply with statutory requirements, particularly regarding deposits. This indicates a potential issue in sound financial practices and compliance with legal obligations.
  • Refund and Financial Dispute: Multiple cases involved disputes regarding the refund of payments, especially related to GST and advance payments. In several instances, the builder was directed to refund significant amounts to complainants, demonstrating a trend of refund-related complaints.
  • Jurisdiction Arguments: A recurring theme in the builder's lost cases was the reliance on arguments claiming a lack of jurisdiction by the RERA Authority, which were ultimately dismissed by the courts. This indicates that the builder may not have a robust understanding or application of regulatory jurisdictions.

Cases Won by the Builder

Conversely, in the 6 cases gained, some common factors can be noted:

  • Jurisdiction Acceptance: In cases won, the builder successfully argued against claims regarding the jurisdiction of authorities, leading to remand for fresh consideration. This suggests that when the builder appropriately leverages jurisdictional arguments, it can fortify its position significantly.
  • Settlements and Withdrawals: There were several instances where complaints were withdrawn or resolved amicably, indicating that the builder has the potential for negotiation and settlement that could benefit both the builder and the complainant in avoiding lengthy disputes.
  • Partial Success: In several cases, even when the builder faced initial claims, they mitigated claims for excessive compensation, thus demonstrating some degree of ability in managing customer expectations and grievances.

Overall Assessment

The legal journey of Purva Sunflower Purvankara Limited highlights significant challenges, particularly in regulatory compliance and customer satisfaction. The stark contrast between cases lost and won emphasizes the need for diligent management in legal matters and a more proactive approach towards customer grievances and refunds.

Tips for Potential Buyers

  1. Thoroughly Research: Review all legal proceedings associated with the builder. Understanding past issues can provide insight into potential future challenges.
  2. Seek Transparency: Ensure the builder is forthcoming about project details, timelines, and refund policies. A transparent builder can mitigate future disputes.
  3. Legal Consultation: Consider consulting a legal expert before purchasing to better understand contractual obligations and rights under RERA.
  4. Inspect the Project: If possible, visit existing projects completed by the builder to assess the quality and timely delivery of homes.

General Tips for Selecting Any Builder

  • Check Credentials: Verify the builder's registration with RERA and any past complaints.
  • Client Testimonials: Look for reviews and testimonials from previous buyers to gauge the builder's reputation.
  • Payment Plans: Understand the payment structure, including conditions related to refunds and penalties.
  • Project Delays: Inquire about average project delivery timelines and reasons for any past delays.

In conclusion, while Purva Sunflower Purvankara Limited has showcased the potential for positive engagements, its historical legal challenges present red flags for potential buyers. A cautious approach, along with thorough research and due diligence, is essential when considering investment in this builder's properties.

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Delayed Possession Claims Refund and Advance Payment Disputes Compensation for Delays and Mismatches Excess Charges and Preferential Location Fees

Analysis of the cases filed against Purva Sunflower Purvankara Limited, where the builder lost, revealed several key themes and patterns across the disputes. The cases can be broadly categorized into four types: Delayed Possession Claims, Refund and Advance Payment Disputes, Compensation for Delays and Mismatches, and Excess Charges and Preferential Location Fees.

The most prominent theme was Delayed Possession Claims, where multiple complainants sought compensation for the builder's failure to deliver possession of their flats on time. Reasons for the delays were often contested, with the builder attributing them to various factors such as quality assessment and certification, while homeowners claimed that the project was completed later than expected.

Refund and Advance Payment Disputes were another common theme. In these cases, plaintiffs often claimed that they had made advance payments that were not refunded as promised. The builder's defense typically hinged on claims that the payments were made in full and final settlement or that they were non-refundable per the booking terms. However, the outcomes generally favored the plaintiffs, with many receiving their refunds either before or during the litigation process.

The theme of Compensation for Delays and Mismatches encompasses cases where complainants sought reparation not only for delayed possession but also for discrepancies in the size of the flats delivered. In several instances, the builder was found to have charged for larger spaces than were actually provided, leading to a recalculation of prices and the payment of compensation for the delays.

Finally, there were cases involving Excess Charges and Preferential Location Fees, where the builder was accused of charging homeowners more for amenities or for preferred locations without adequate justification. These cases also typically ended in compensation being awarded to the complainants.

A pattern emerges from these summaries: the primary trigger for these disputes was the builder's failure to meet deadlines and fulfill contractual obligations, particularly concerning timely possession and accurate representation of property sizes. Common reasons for the builder's losses include insufficient evidence to justify delays or excess charges, and a general lack of compliance with the expectations set during the sale process.

In conclusion, while it is not uncommon for builders to face legal challenges, the experiences highlighted in these cases underscore the importance for prospective buyers to conduct thorough research, ensure clarity in contractual terms, and maintain open communication with builders to mitigate risks.

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/180424/0000775 Karnataka The plaintiff, Magesh Nandankumar, filed a suit a… ["Delay in possessi… {"appellant_claim": "The plaintiff claimed that t… Magesh Nandankumar Purva Sunflower Pur… https://rera.karnataka.gov.in/reraDocument?DOC=168044
CMP/190606/0003234 Karnataka The complainant sought compensation for delay in … ["Delay in possessi… {"appellant_claim": "The complainant claimed that… Satish Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=381558
CMP/190412/0002602 Karnataka Complainant sought compensation for delay and siz… ["Delay compensatio… {"appellant_claim": "Complainant sought compensat… Ashish Jindal Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=425389
CMP/190312/0002377 Bengaluru The complainant filed a complaint against the dev… ["Delay in delivery… {"appellant_claim": "The complainant claimed that… Naresh P Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=424249
CMP/191826/0003786 Karnataka The complainant, Manjunath A P, filed a complaint… ["Refund with damag… {"appellant_claim": "The complainant claimed that… Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=409304
CMP/181205/0001719 Karnataka The complainant, Mr. Mchmood Khan Dafedar, filed … Refund of money {"appellant_claim": "The complainant claimed refu… Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=286078
CMP/180915/0001276 Karnataka The plaintiff, Mr. Srihari Dhandapani, filed a co… ["Refund of advance… {"appellant_claim": "The plaintiff claimed refund… Mr. Srihari Dhandap… Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=375130
089/1805020000799 Karnataka Abinand Kadaba opposed a fee under section 31 of … ["RERA Act", "fee o… {"appellant_claim": "Abinand Kadaba opposed a fee… Abinand Kadaba Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=168045
CMP/181019/0001469 Karnataka The plaintiff, H. Mahesh Babu, filed a complaint … ["Refund of payment… {"appellant_claim": "The plaintiff claimed that h… Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=557494
Non-compliance with Office Objections Jurisdiction Disputes Refund and Compensation Claims

The analysis of the cases filed by the builder Purva Sunflower Purvankara Limited, which resulted in losses, reveals significant insights regarding their legal challenges and disputes.

1. Non-compliance with Office Objections:

A recurring theme in the cases is the builder's failure to comply with office objections. Specifically, the builder lost appeals on two occasions for not adhering to statutory deposit requirements. This non-compliance seems to have been a critical legal misstep that the courts highlighted, emphasizing the importance of fulfilling preliminary procedural obligations.

2. Jurisdiction Disputes:

Another notable aspect is the builder's claims regarding the jurisdiction of the RERA Authority. In two cases, the builder contested the authority's right to entertain the complaints lodged against them. In both instances, the courts confirmed the authority's jurisdiction, further emphasizing the builder's responsibility in handling regulatory frameworks specific to real estate.

3. Refund and Compensation Claims:

The cases also illustrate disputes around refunding amounts collected, particularly GST, and compensations awarded for delays. The builder consistently faced claims from respondents demanding refunds and compensation, which were substantiated by the courts. These disputes resulted in outcomes that mandated the builder to not only refund specific amounts but also to pay additional interest, indicating a failing to adequately address financial obligations owed to buyers.

Common Triggers for Litigation:

The builder commonly brought cases to court contesting penalties for failing to comply with legal orders and jurisdictional authority, as well as disputes over compensation related to project delays. This suggests a pattern where the builder sought to contest unfavorable decisions rather than addressing underlying compliance issues or fulfilling financial obligations to clients.

Reasons for Losing Cases:

The reasons for the builder's losses can be attributed to several factors:

  • Insufficient Evidence: In disputes surrounding jurisdiction or compliance, the builder often failed to present compelling evidence to support their claims against regulatory authorities.
  • Non-compliance with Legal Requirements: The consistent theme of non-compliance with statutory deposits and other legal mandates played a critical role in their unfavorable outcomes. The court's dismissal of appeals based on such non-compliance indicates a damaging oversight in adhering to necessary legal procedures.
  • Misunderstandings of Financial Obligations: The builder's inability to fulfill payment obligations, such as refunds and compensations for delays, further undermined their position in legal disputes, leading to court directives ordering repayment.

Overall, these cases illustrate a pattern of regulatory non-compliance, insufficient handling of jurisdictional affairs, and oversight regarding financial responsibilities, all of which contributed to unfavorable verdicts for Purva Sunflower Purvankara Limited in their legal disputes.

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
K-REAT) 371/2020 Karnataka The appeal was dismissed for non-depositing of th… ["Real Estate", "Ap… {"appellant_claim": "The appellant claimed that t… Purvankara Limited Real Estate Regulat… https://rera.karnataka.gov.in//download_jc?DOC_ID=1638350
Jurisdictional Disputes Authority of Adjudicating Officers Claims of Delay Compensation

An analysis of the cases filed by the builder, which it won, revealed the following information. The builder, Purva Sunflower Purvankara Limited, frequently entered into litigation primarily revolving around jurisdictional disputes concerning the powers of Adjudicating Officers and claims for delay compensation. These cases were characterized by the builder contesting orders that they believed were issued without proper jurisdiction and seeking remand to the Real Estate Regulatory Authority (RERA) for further scrutiny.

Many of these cases followed a common pattern: the builder claimed that the Adjudicating Officer lacked the jurisdiction necessary to issue the orders in question. In each instance, the builder sought to set aside the orders and remand the matters for fresh consideration by RERA. This suggests that the builder was vigilant about the legal frameworks governing real estate transactions and proactive in challenging decisions that they perceived as unfounded or legally questionable.

The common reasons for the builder’s successful outcomes appear to include the lack of jurisdiction on behalf of the Adjudicating Officers, which they consistently cited. As a result, the Tribunal set aside these orders, reinforcing the builder's position. This indicates that the legal arguments presented were compelling enough to sway the Tribunal's decisions in their favor, often highlighting procedural flaws or misunderstandings in the actions taken by opposing parties.

Overall, this analysis reflects positively on the builder’s reputation, illustrating that Purva Sunflower Purvankara Limited is not only aware of their rights but is also adept at navigating potential legal pitfalls. The findings indicate a trend where buyers may sometimes make exaggerated or unfounded claims, prompting the builder to defend itself vigorously against such accusations. In a broader context, the real estate market can be riddled with disputes, which underscores the importance of a builder's ability to protect its interests against challenging claims.

For potential buyers, this serves as a crucial reminder of the importance of conducting thorough research and making informed decisions. While it is essential to acknowledge that legitimate disputes exist within the real estate sector, the ability of builders like Purva Sunflower Purvankara Limited to successfully defend against misguided claims highlights the need for buyers to approach allegations with caution. Seeking reliable information and understanding the context of legal disputes can lead to more informed judgments about a builder's reputation.

RERA Compliance Issues Refund Claims and Settlements

An analysis of the cases filed against the builder, Purva Sunflower Purvankara Limited, which the builder won, revealed the following information.

The cases can be grouped into two main themes: RERA Compliance Issues and Refund Claims and Settlements.

  1. RERA Compliance Issues: A consistent point of contention arises from complaints related to registration of projects under the RERA (Real Estate Regulation and Development Act). For instance, one complainant argued that they should be refunded for a project that was not registered with RERA; however, the developer successfully defended that the project was completed before RERA was enacted, thus not requiring registration. This underscores the importance of understanding RERA's timeline and how it applies to specific projects.
  2. Refund Claims and Settlements: Another common dispute revolves around claims for the refund of booking amounts and compensation for delays. In one of the cases, the builder was able to demonstrate that the complainant had already received a full and final settlement. Such claims often arise when buyers feel dissatisfied with the progress or execution of projects, leading to disputes over financial agreements and refunds.

Examining the reasons why these cases were pursued reveals a pattern of dissatisfaction among buyers, often stemming from misunderstandings of project timelines and regulations. These complaints highlight a common grievance among buyers regarding delays or a lack of regulatory compliance, leading to legal claims against builders. However, the outcomes indicate that not all buyer claims are substantiated.

The builder's success in these cases can be attributed to several key factors. In both instances, the opposing parties either failed to provide sufficient evidence of their claims or misinterpreted legal frameworks, such as RERA’s applicability. The builder's defense rested on sound legal grounds which affirmed their compliance and settlement practices, showcasing their capability to counter unfounded allegations effectively.

From this analysis, we can glean important insights about Purva Sunflower Purvankara Limited’s reputation in the real estate market. The builder appears to maintain a strong track record in legal disputes, successfully defending against claims that may be exaggerated or without merit. This trend suggests that while real estate transactions can sometimes lead to legitimate disputes, buyers should remain cautious about making accusations without due evidence.

In conclusion, it is imperative for potential buyers to approach real estate engagements with informed judgment. While issues within the market can lead to legal disputes, the successful defense of builders like Purva Sunflower Purvankara Limited affirms the notion that accusations can often stem from misunderstandings. Therefore, it is advisable for buyers to seek reliable information and diligently evaluate claims before forming opinions about any particular builder’s reputation.

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/UR/190809/00038… Karnataka Complainant filed complaint for refund of booking… ["Refund of booking… {"appellant_claim": "Complainant claimed refund o… Basavaraj Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=1425679
CMP/UR/181005/00013… Karnataka Complainant sought refund for booking amount paid… ["Refund for bookin… {"appellant_claim": "Complainant claimed that he … Purvankara Limited https://rera.karnataka.gov.in/reraDocument?DOC=947134

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