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SAINATH BUILDERS AND DEVELOPERS

  • No of Complaints: 2
  • States (Active in): Maharashtra
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Introduction

Sainath Builders and Developers is a real estate entity based in Maharashtra, known for their involvement in various construction projects. However, like many builders, they have faced some challenges during their operations, evidenced by the complaints filed against them. This blog post delves into the complaints, the outcomes of legal cases, and offers insights for potential buyers considering to partner with this builder.

Legal Case Overview

Sainath Builders and Developers has encountered a total of 2 complaints, leading to a mixed bag of legal outcomes. Here, we summarize the cases involving this builder:

Cases Lost:

  1. Case Summary:
    • Appellant Claim: The builder asserted that they had completed the project on time and had offered fit-out possession, blaming internal disputes for the delay in obtaining the occupancy certificate.
    • Respondent Claim: The complainant countered by stating they had not accepted possession due to the builder's failure to secure the occupancy certificate.
    • Final Verdict: The appellate tribunal supported the complainant’s stance, determining that the developer did not meet legal obligations, and mandated them to pay interest for the late possession.
  2. Case Summary:
    • Appellant Claim: The developer’s appeal was dismissed by the Tribunal.
    • Respondent Claim: The allottee was instructed to file an execution application before MahaRERA.
    • Final Verdict: The court disposed of the execution application without costs, confirming the loss for the builder.

Patterns in Cases Lost:

  • Both cases highlight a recurring issue with the builder’s failure to provide timely possession and the proper occupancy certificates, which are critical legal requirements in real estate.
  • The outcomes demonstrate a trend where the appellate tribunal and legal authorities have sided with the complainants, reinforcing the need for builders to adhere to regulations rigorously.

Cases Won:

  • Summary: There is just one case won by Sainath Builders and Developers. However, due to the limited details available, no specific patterns can be drawn from the outcomes of won cases. Gaining further insight into this particular success could substantiate the builder's capability and performance in fulfilling project obligations.

Conclusions

In evaluating Sainath Builders and Developers, a clear portrait emerges: while they have successfully completed some projects, there is a concerning track record related to legal disputes and compliance with real estate laws. The fact that the builder has lost more cases than it has won is a significant statistic that potential buyers must consider.

Tips for Potential Buyers

  1. Research and Due Diligence: Before making a commitment, ensure to research the builder extensively. Look for recent reviews, complaints, and case outcomes.
  2. Request Documentation: Ask for all necessary project documentation, including occupancy certificates, to ensure compliance with local regulations.
  3. Consult Legal Advisors: If possible, consult with a real estate attorney who can provide insights into the builder's history and help navigate potential risks.

General Tips for Selecting Any Builder

  • Evaluate Experience: Choose builders with significant experience and a substantial number of completed projects.
  • Check for Regulatory Compliance: Verify that the builder is compliant with all governmental regulations, including RERA registrations and timely submission of necessary documentation.
  • Seek References: Contact previous clients to gauge their satisfaction levels regarding project management, delivery timelines, and post-project services.

Final Thoughts

Sainath Builders and Developers presents a compelling option for home seekers in Maharashtra, but buyers should exercise caution and conduct thorough investigations before proceeding with any agreements. Awareness of the builder's legal history can provide buyers with the necessary insights to facilitate informed decision-making.

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Delayed Possession Claims Non-compliance with Regulatory Requirements Internal Disputes Affecting Project Timeline

The analysis of the cases filed by Sainath Builders and Developers, which it lost, reveals significant insights into the challenges this builder has faced in the realm of real estate. The cases can be grouped into several common themes: Delayed Possession Claims, Non-compliance with Regulatory Requirements, and Internal Disputes Affecting Project Timeline.

The Delayed Possession Claims highlight instances where the builder argued that they had completed projects within stipulated timeframes. However, a closer look shows that delays in obtaining necessary occupancy certificates often underpinned these disputes. While the builder contended that such delays were caused by internal disagreements with partners, the core issue revolved around their inability to deliver on ownership expectations as per legal stipulations.

The theme of Non-compliance with Regulatory Requirements surfaces in almost every case. The builder's failure to meet regulatory demands—specifically in obtaining occupancy certificates—led to disputes with buyers, who rightfully expected compliance as part of the possession agreement. These back-and-forth arguments indicate a serious gap between the builder's claims and actual fulfillments concerning legal obligations.

Common triggers for litigation by Sainath Builders included contested penalties they faced for the delays they experienced, disputes over the acceptability of possession, and disagreements attributing fault to other parties. In many instances, the builder sought to place blame on external factors, but the verdicts suggest a pattern where the failures were often self-inflicted due to mismanagement or miscommunication.

Reasons for the builder's loss in these cases were telling. A frequent lack of sufficient evidence to support their claims proved detrimental. Additionally, their non-compliance with established legal and regulatory requirements—such as the failure to provide necessary documentation for occupancy—played a pivotal role. The courts consistently found that the builder did not adhere to interim directions provided during the litigation process or misunderstood key aspects of land and project classifications. Overall, these patterns portray Sainath Builders and Developers as a company struggling with internal processes, regulatory adherence, and fulfilling contractual obligations to their clients.

Execution of Tribunal Orders MahaRERA Compliance Legal Processes in Realty Transactions

An analysis of the cases filed against Sainath Builders and Developers, which the builder won, revealed the following information. The complaints primarily revolve around issues of compliance with tribunal orders and regulatory frameworks, particularly relating to MahaRERA.

The cases fall under a few common themes:

  1. Execution of Tribunal Orders: These cases highlight the difficulty some parties face in following legal directives. The dismissal of appeals indicates a focus on ensuring that applicants engage properly with the legal framework in use.
  2. MahaRERA Compliance: The cases often point to the necessity for allottees to adhere to procedural standards set by the MahaRERA authority.
  3. Legal Processes in Realty Transactions: Disputes often stem from misunderstandings or failure to navigate the legal pathways correctly.

The reasons for bringing these cases to court include contesting execution proceedings or claims regarding compliance with past orders from regulatory authorities. Notably, a pattern emerges where complaints stem from a lack of understanding by buyers about the processes necessary to enforce their rights under the law.

Sainath Builders effectively won these cases primarily because the opposing parties either failed to provide sufficient evidence or did not comply with necessary legal or regulatory requirements. This suggests that the buyers or complainants may have misunderstood the legal landscape or had exaggerated claims that could not stand up in court.

These outcomes provide critical insights into the builder’s reputation, suggesting a strong capability in defending against potentially unfounded allegations. It underscores the reality that while there are legitimate grievances within the real estate market, unwarranted accusations can arise from misunderstandings. Builders like Sainath Builders and Developers demonstrate the importance of following due process and regulatory guidelines.

For potential buyers, this analysis serves as a reminder of the importance of informed decision-making. It's crucial to meticulously examine claims made against builders and seek reliable information before forming opinions. The landscape of real estate can be complex, and while genuine disputes occur, the ability of builders to defend against unjust claims speaks to their credibility in the 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
AT006000000021181 Maharashtra The appeal filed by the developer was dismissed b… ["Dismissal of appe… {"appellant_claim": "The appeal filed by the deve… Mrs. Manasi P. Gore Sainath Builders & … https://drive.google.com/uc?id=17oB4GfJQ9-qfWftOr-mNxDxXe8-WZzd1

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