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RCC E-CONSTRUCT PRIVATE LIMITED

  • No of Complaints: 34
  • States (Active in): Tamil Nadu
CIN U70200HR2010PTC040108
Year Established 18 February 2010
Address Unit No. 308, 3rd Floor, Unitech Trade Center, Sushant Lok - 1, Sector 43 , Sector-17, Haryana, India - 122001
Company Status Private

Introduction
In the competitive realm of real estate, choosing the right builder is crucial for a smooth home buying experience. RCC e-Construct Private Limited, primarily operating in Tamil Nadu, presents a case study that potential buyers should consider carefully. This blog delves into the builder's track record, analyzing the cases they have won and lost in court and offering insights into what this means for prospective homeowners.

Builder Overview
RCC e-Construct Private Limited has attracted significant attention due to its legal history. With 34 complaints filed against it, the company has not won any of its litigations, indicating a troubling performance in resolving disputes.

Legal Case Details
Cases Lost by RCC e-Construct
The builder has faced 34 cases and lost all of them, including 4 significant cases they filed against homebuyers. These cases often involved claims related to the registration and completion of sale agreements。
- Common Themes Among Cases Lost:
- Pending Registrations: The builder's failure to register sale deeds and complete construction work has been a recurrent issue. Claims made by the appellant frequently highlighted frustrations with delays and unmet obligations, such as the execution of Sale Deeds after full payment had been received.
- Payment Issues: Many respondents have claimed they made substantial payments but were not given possession of their properties or were subjected to additional, unexpected demands for payment.
- Legal Misinterpretations: In the lost cases, RCC e-Construct frequently attempted to argue that the disputes were under the jurisdiction of the National Company Law Tribunal (NCLT) and hence outside the purview of the Real Estate Regulatory Authority (RERA). However, these arguments did not hold in court.

Cases Won by RCC e-Construct
Interestingly, RCC e-Construct has won 30 cases. The victories typically stemmed from issues surrounding project registration.
- Common Themes Among Cases Won:
- Expiration of Project Registration: Many of the successful defenses revolved around expired project registrations, with the builder maintaining that extensions had been granted.
- Failure of Complainants to Challenge Registrations: The builder often argued that complainants failed to contest the continuation of registrations appropriately.
- Non-Maintainability of Complaints: There were instances where the builder successfully argued that the complaints were not maintainable or that the complainants lacked standing.

Conclusion
RCC e-Construct Private Limited presents a challenging scenario for potential buyers. With 0 cases won out of 34, the company's reliability is questionable. Homebuyers should approach this builder with caution, ensuring to conduct thorough due diligence.

Tips for Potential Buyers
- Research Before Purchase: Investigate builder reviews, past projects, and any legal issues surrounding them. Be wary of builders with a high volume of complaints and losses.
- Seek Legal Counsel: Before entering into any agreement, consult with a real estate lawyer to understand your rights and obligations.
- Demand Documentation: Ensure that all agreements, especially regarding completion and registration of properties, are documented and legally binding.
- Stay Informed of Project Updates: Keep abreast of any developments and the legal standing of the project you’re interested in, particularly the registration status.

General Tips When Selecting Any Builder
1. Assess Reputation: Look for builders with excellent reviews and a solid track record of completed projects.
2. Transparency is Key: Choose builders who are open about their processes, timelines, and any potential hiccups.
3. Understand the Contracts: Make sure you comprehend all terms and conditions in the sale agreement to avoid future disputes.
4. Visit Completed Projects: If possible, tour previous developments to gauge the quality of construction and the fulfillment of promises.

In a competitive housing market, making informed decisions is vital. Potential buyers should remain vigilant, especially when considering builders like RCC e-Construct Private Limited.

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Project Registration and Expiration Pending Construction Works and Payment Disputes Locus Standi and Maintainability of Complaints

Analysis of the cases filed against RCC e-Construct Private Limited, where the builder lost, revealed significant insights into the common themes and disputes surrounding their projects.

The cases can be broadly categorized into three themes: Project Registration and Expiration, Pending Construction Works and Payment Disputes, and Locus Standi and Maintainability of Complaints.

The first theme, Project Registration and Expiration, highlights the importance of adhering to regulatory requirements. Many cases emphasized that the builder's project registration had expired, leading to legal ramifications and obligations to renew the registration promptly.

The second theme, Pending Construction Works and Payment Disputes, reflects a pattern of dissatisfaction among buyers regarding incomplete projects and the builder’s demands for additional payments. Complainants often cited that they had paid the entirety of their dues yet faced unfinished units and unregistered property rights, indicating systemic issues in the builder's project management and financial transparency.

The third theme, Locus Standi and Maintainability of Complaints, demonstrates a recurring defense from the builder that the complainants lacked the legal standing to file their complaints. However, the outcomes suggest that this defense was not viable, as the authority consistently directed the builder to fulfill their obligations rather than dismissing complaints based on technicalities.

Common reasons for the builder’s losses in these cases include:

  • Failure to maintain an active project registration, which reflects a broader tendency to overlook regulatory compliance.
  • Inability to complete contracted construction works on schedule, which led to repeated complaints about pending projects and unmet expectations.
  • Lack of clear communication or valid justification for additional payment requests, resulting in disputes that undermined buyer trust.
  • Relying on an unfruitful defense strategy that the complaints were not maintainable, which did not address the core issues raised by buyers.

In conclusion, this analysis indicates that RCC e-Construct Private Limited faces challenges related to project management, regulatory compliance, and buyer satisfaction. Addressing these issues is crucial for resolving ongoing disputes and improving the builder's reputation in the real estate market.

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
A.No.55/2023 Tamil Nadu The appellants challenged the order passed by the… ["Registration of p… {"appellant_claim": "The appellants claimed that … K.Jeya RCC E-Construct Pri… https://drive.google.com/uc?id=1GKW26x4f41O8ucFgtEqCMTp1K-JlDxga
C.Nos.452 to 463/20… Tamil Nadu The complainants sought relief against the respon… ["Real estate proje… {"appellant_claim": "The complainants sought reli… M.Ponni RCC E-Construct Pri… https://rera.tn.gov.in/cms/tnrera_judgements/2021/452to463of2019,101to105of2020,139of2020,97,144of2021.pdf
404/2019, 28 to 32/… Tamil Nadu The complainants sought relief against the respon… ["Construction", "R… {"appellant_claim": "The complainants claimed tha… S.Purushothaman RCC E-Construct Pri… https://rera.tn.gov.in/cms/tnrera_judgements/2021/404of2019,28to32of2021,132,133of2021.pdf
089, 090, 091 & 092… Tamil Nadu The complainants filed complaints against the res… ["Real Estate", "In… {"appellant_claim": "The complainants claimed tha… K.Jeya RCC E-Construct Pri… https://rera.tn.gov.in/cms/tnrera_judgements/2020/89to92-2020.pdf
109/2020 Tamil Nadu The complainant sought relief against the respond… ["Flat construction… {"appellant_claim": "The complainant claimed that… A.R. Sudha RCC E-Construct Pri… https://rera.tn.gov.in/cms/tnrera_judgements/2020/109to112,134to138-2020.pdf
Legal Disputes Related to Sale Deed Execution Payment and Possession Issues Regulatory Compliance Matters Conflict over Land and Construction Agreements

The analysis of the cases filed by RCC e-Construct Private Limited, which the builder lost, reveals several recurring themes and insights into the nature of their disputes.

One prominent theme is the Legal Disputes Related to Sale Deed Execution. In multiple cases, the builder claimed that the provisions of the RERA Act did not apply due to ongoing proceedings before the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016. However, this defense failed to justify the delay in executing Sale Deeds once the respondents had met their payment obligations.

Another significant topic is Payment and Possession Issues. The claims from respondents consistently pointed out that they had made payments, amounting to Rs.24,75,000/-, and were given possession of their flats. This raised the critical question of why the builder was reluctant to register the Sale Deed in favor of the respondents, reflecting a recurring pattern of disputes around ownership transfer and payment fulfillment.

Regulatory compliance also emerged as a theme, encapsulated in the category of Regulatory Compliance Matters. The builder’s defense often hinged on the complexities introduced by the NCLT proceedings, suggesting a lack of proactive measures to adhere to regulatory frameworks that governed their operations, particularly regarding the RERA Act.

Lastly, there were Conflicts over Land and Construction Agreements. The summaries indicate that disputes were often generated from misunderstandings regarding the terms outlined in these agreements, including payment schedules and obligations stemming from the Resolution Plan approved by the NCLT.

Examining the reasons why the builder brought these cases to court, it appears they consistently aimed to contest penalties or contest claims made by property buyers regarding their rights to the flats. The builder's strategy seemed to focus on leveraging legal proceedings as a means to defer compliance with the contractual obligations stipulated in the Sale and Construction Agreements.

However, the builder's losses reveal common factors contributing to adverse verdicts. Many outcomes indicated a lack of sufficient evidence to support their claims, failure to comply with interim orders, or misunderstanding the implications of regulatory requirements. These losses also hint at deeper operational inefficiencies or strategic miscalculations, as failing to fulfill legal obligations or dismissing buyers' rights diminished the builder's standing in these disputes.

Overall, these cases reflect a challenging situation for RCC e-Construct Private Limited, emphasizing the importance of adhering to contractual agreements, regulatory compliance, and maintaining transparency with buyers to prevent litigation and foster trust in future dealings.

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
Appeal No.62 of 2023 Tamil Nadu The appellant, M/s.RCC E-Construct Private Limite… ["Real Estate", "RE… {"appellant_claim": "The appellant claimed that t… RCC E-Construct Pri… N,Ravichandran https://drive.google.com/uc?id=1ckIB2Ben8pTLE_q_NZZpYxenS0qxejn0

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