SAMARTH PROCON

Introduction

In the world of real estate, builder reputation can greatly influence home buyers' decisions. Today, we take a closer look at Samarth Procon, a builder active in Gujarat, analyzing legal challenges the company has faced and offering insights for potential buyers.

Legal Case Analysis

Overview of Complaints and Cases

Samarth Procon has received a total of 1 complaint against them. The legal case details reveal that they have lost that single case while simultaneously winning another related case.

Case Details Breakdown

In the only case that resulted in a loss:

• Appellant Claim: The appellant claimed that Samarth Procon violated the provisions of Section 11(2) of the Real Estate (Regulation and Development) Act, 2016 by failing to display the RERA website in their advertisement.
• Respondent Claim: Samarth Procon contended that the violation was not willful and acknowledged the defect in their advertisement.
• Final Verdict: The Authority imposed a fine of Rs. 1,25,000 on Samarth Procon for this violation.

Conversely, in the case they won, they successfully defended against a claim related to the non-compliance of advertisement norms, although specifics are not detailed in the provided data.

Patterns in Cases Lost

The pattern observed in the lost case underlines an issue with compliance, specifically related to effective advertisement practices governed by the Real Estate (Regulation and Development) Act. The failure to incorporate RERA-linked regulations could indicate a lack of thoroughness in project promotion and compliance awareness.

Patterns in Cases Won

While only one case was won and the details are less clear, it can be inferred that the builder successfully navigated a complaint potentially related to a similarly regulated advertisement issue. This suggests that Samarth Procon may have strengths in handling disputes where the claims do not carry significant weight or have merit.

Conclusion

Based on the provided data, Samarth Procon has a minimal but notable legal record. With only one complaint resulting in a loss and a corresponding fine, it reflects some areas of concern regarding compliance with legal requirements. However, the absence of multiple complaints may suggest that this builder operates with a degree of stability in other facets of their operations.

Tips for Potential Buyers

1. Verify Legal Standing: Always check recent legal outcomes and registered complaints against a builder.
2. Research Reputation: Look for reviews and testimonials from previous customers to gauge satisfaction and quality of work.
3. Inquire About Compliance: Ask about the builder’s processes for adhering to industry regulations, especially those that protect consumer rights.

General Tips When Selecting Any Builder

• Check Licensing: Ensure the builder is properly licensed and registered under local real estate regulations.
• Understand Contract Terms: Read through the sales agreement carefully, paying attention to clauses related to delays, quality of materials, and warranties.
• Visit Completed Projects: Seeing previous work can give insight into the builder's construction quality and design.

Ultimately, thorough research and doing due diligence prior to entering into any agreement can safeguard buyers from potential issues. When it comes to selecting a builder like Samarth Procon, knowledge is empowering.

Analysis of the cases filed against Samarth Procon, where the builder lost, revealed several key insights into their legal disputes.

The cases against Samarth Procon primarily revolve around two common themes: regulatory non-compliance and violations of the Real Estate (Regulation and Development) Act, 2016 (RERA Act).

In terms of regulatory non-compliance, the builder faced legal action for failing to adhere to the provisions outlined in the RERA Act. Specifically, the builder was found to have violated Section 11(2) by not displaying the RERA website in their advertisements. This highlights a pattern where builders may not fully comprehend or may choose to ignore regulatory requirements, leading to legal ramifications.

The reasons people brought cases against Samarth Procon primarily centered around the builder's failure to comply with legal standards. In the example outlined, the violation was not willful, yet it still resulted in a penalty, showcasing the importance of adherence to regulations in the real estate sector.

The builder's losses in these cases stem from their inability to meet regulatory standards. The violation of RERA Act provisions demonstrates a lack of due diligence on the part of the builder, which is a common factor in many of the disputes faced by real estate developers. Overall, these cases underscore the necessity for builders to ensure compliance with relevant laws and regulations to avoid legal disputes and penalties.