SANA REALTORS PRIVATE LIMITED

SANA REALTORS Private Limited: A Deep Dive into Legal Challenges and Successes

When it comes to choosing a reliable builder for your dream home, the track record of that builder carries significant weight. In this detailed post, we will explore SANA REALTORS Private Limited, a builder active in Haryana, and assess their legal challenges and successes over the years.

Overview of SANA REALTORS Private Limited

SANA REALTORS Private Limited has faced a total of 172 complaints, with notable outcomes—12 cases were won while 160 were lost. This striking difference in case outcomes presents a significant concern for potential buyers considering investing in properties from this builder.

Breakdown of Cases

1. Lost Cases

• Number of Lost Cases: 160

Upon analyzing the lost cases, certain patterns emerge:

• Repeated Non-Compliance: A common theme across many lost cases was failure to comply with the Real Estate (Regulation and Development) Act, 2016. Many verdicts cited non-compliance with the proviso to Section 43(5) of the Act, indicating a potential lack of adherence to regulatory requirements by SANA REALTORS, particularly regarding deposit requirements.
• Repeated Losses in Appeals: Many appeals were dismissed with similar reasons, highlighting a systemic issue within the builder's practices or understanding of legal requirements.
• Lack of Detailed Claims: A significant number of cases featured incomplete claims from the appellants, as well as insufficient information during the hearings, indicating potential mismanagement in handling disputes or an inadequate understanding of the legal framework.

2. Won Cases

• Number of Won Cases: 12

On the other hand, the successful cases show different commonalities:

• Refunds Granted: In several successful cases, the tribunal favored the builder when it came to refunds of deposits with interest, usually linked to misunderstandings about deposit amounts rather than substantive project disputes. This indicates that while SANA REALTORS may face challenges in compliance, they can successfully advocate for their financial recoveries when the circumstances allow.
• Settlements: Some cases were won following amicable settlements, suggesting that the builder might prefer to settle disputes before they escalate into more significant legal battles.

Additional Factors in Legal Outcomes

• Cases Against the Builder: SANA REALTORS faced lawsuits where they had lost and won cases against them. In total, the figures show 4 lost cases against and 129 cases won. Many of these were related to delays, lack of possession transfer, and not providing promised services.
• Common Complaints: Delays in possession and issues related to project completion were significant areas leading to grievances against the builder, pointing towards operational challenges potentially impacting customer satisfaction.

Conclusion

Assessing the data, it is evident that SANA REALTORS Private Limited has significant legal challenges, particularly regarding compliance with regulatory standards and handling contractual obligations. While the builder has had some success in certain cases, the overwhelming number of lost cases raises flags.

Tips for Potential Buyers

1. Thorough Research: Before making any commitment, conduct extensive research on the builder’s prior projects and their legal history.
2. Seek Transparency: Request detailed documentation about project timelines, regulatory compliance, and past legal issues before finalizing any purchase.
3. Engage Professionals: Consider engaging legal professionals to review any contracts or documents to ensure you are not entering an unfavorable agreement.

General Tips for Selecting Any Builder

• Check References: Talk to previous clients or look for reviews to gauge other customers' experiences with the builder.
• Visit Current Projects: If feasible, visit other ongoing projects by the builder to observe the construction quality and management practices.
• Look for Builder Reputation: Ensure the builder has a solid standing within the community and is recognized for adhering to regulatory standards.

In conclusion, while SANA REALTORS may provide appealing options, it is crucial for potential homeowners to weigh the builder's extensive legal challenges when deciding on their future investments.

Analysis of the cases filed against SANA REALTORS Private Limited, which it lost, revealed significant insights into the builder's legal disputes. The cases can be broadly categorized into several themes, highlighting the common grievances of the complainants.

Delayed Possession Claims

A substantial number of cases centered around the builder's failure to deliver possession of units within the agreed-upon timeframe. Complainants sought compensation for the delays, which were often attributed to unforeseen circumstances by the builder. However, the authority consistently directed the builder to pay interest on the delayed possession, indicating a pattern of inadequate project management and a failure to meet contractual obligations.

Assured Returns Disputes

Several cases involved disputes over assured returns, where the builder failed to pay the promised returns as per the Memorandum of Understanding (MoU). The complainants claimed that the builder did not adhere to the agreed-upon terms, leading to a loss of anticipated income. The builder's defense often revolved around the complainants' failure to sign flat buyer agreements or make further payments, but this did not stand in court.

Refunds for Decrease in Area/Excess Charges

Complainants also sought refunds due to decreases in the super area of their units and for excess charges imposed by the builder. The builder's claim that the complainants were aware of these changes did not mitigate their responsibility to provide units that met the promised specifications. Consequently, the authority ordered refunds and interest payments in several instances.

Compensation for Non-Compliance with Agreements

A recurring theme in the cases was the builder's non-compliance with the terms of the sale agreements. Complainants reported delays in possession, failure to receive assured returns, and refunds for overpayments. The builder's defenses often cited unforeseen circumstances, but the underlying issue was a consistent failure to fulfill contractual agreements, leading to legal consequences.

The common triggers for these legal disputes primarily revolve around the builder's inability to meet deadlines, provide timely possession, and adhere to the financial terms of agreements. The patterns emerging from these cases highlight a systemic issue within the builder's operations, which likely stems from inadequate planning, insufficient resources, or poor communication with buyers.

The builder lost these cases predominantly due to a combination of factors, including:

• Insufficient evidence to support their claims of unforeseen circumstances;
• Non-compliance with the terms of sale agreements;
• Failure to provide timely possession and assured returns as promised;
• Lack of transparency regarding changes in unit specifications and pricing.

Overall, this analysis serves as a cautionary tale for potential buyers considering SANA REALTORS Private Limited. It emphasizes the importance of thorough due diligence, actively requesting updates on project timelines, and understanding the terms of agreements before committing financially.

Analysis of the cases filed by the builder, SANA REALTORS Private Limited, which it lost, reveals several key insights about its legal disputes.

The cases primarily revolved around non-compliance with the Real Estate (Regulation and Development) Act, 2016, specifically focusing on the failure to meet the provisions laid out in Section 43(5). A significant number of disputes highlighted issues regarding pre-deposit requirements, where the builder claimed compliance or challenged claims of non-compliance from respondents. This indicates a recurring theme of legal disagreements centered on whether the builder fulfilled necessary financial or procedural obligations required under the Act.

• Non-compliance with Regulatory Provisions: A significant number of cases centered around claims that the builder had not complied with mandatory provisions of the Real Estate Act. The frequent claims of compliance from the builder versus the counterclaims from respondents suggest a systemic issue with adherence to the regulatory requirements.
• Disputes over Pre-deposit Requirements: Many cases involved disputes regarding whether the builder had made the required pre-deposit. This area appears to be a critical battleground, as multiple instances of failed appeals were dismissed based solely on this matter, demonstrating a lack of alignment between the builder’s claims and regulatory expectations.
• Claims of Compliance vs. Non-compliance: The builder frequently presented claims of compliance with the provisions of the Real Estate Act, only to be challenged by respondents asserting otherwise.
• Failure to Meet Mandatory Provisions: A notable pattern emerged where the court consistently found that the builder did not fulfill the essential provisions that required adherence to financial deposits and procedural frameworks.

The builder commonly brought these cases to challenge penalties or claims of delays attributed to their projects. This suggests that they may have been seeking to contest decisions made against them, likely hoping to mitigate financial impacts stemming from these claims.

A review of the verdicts shows that the builder's losses can largely be attributed to:

• Insufficient Evidence: In many instances, the court ruled against the builder primarily due to inadequate proof of having met required deposit or compliance standards.
• Non-compliance with Legal or Regulatory Requirements: The frequent dismissal of appeals underscores a critical theme—failure to adhere to regulatory frameworks, particularly concerning pre-deposition and compliance clauses.
• Misunderstanding of Financial Obligations: The builder's litigation position seemed frequently undermined by misconceptions regarding their financial obligations under the law which ultimately led to unfavorable verdicts.

Overall, this analysis underscores a pattern of regulatory non-compliance that highlights potential areas for improvement in the builder's operational practices. Prospective buyers should exercise caution and ensure that any dealings with SANA REALTORS Private Limited are thoroughly vetted to avoid potential issues stemming from these systemic challenges.

An analysis of the cases filed by SANA REALTORS Private Limited, where the builder emerged victorious, reveals the following information.

The builder's cases can broadly be categorized into a few key themes. Firstly, there are numerous instances of Refund Claims, where the builder sought refunds for amounts deposited, either arguing that they had overpaid or that certain amounts were paid in error. This demonstrates a pattern of financial disputes primarily centered on the clarity of payment conditions and expectations.

Another important theme is related to Withdrawal of Appeals, where the builder indicated that there had been settlements in disputes, leading to dismissals of the appeals as withdrawn. This suggests an inclination towards amicable solutions when possible. Additionally, cases marked as Non-compliance with Provisions display the builder's engagement with regulatory frameworks, although details of these claims were not provided, they underscore the importance of adhering to legal guidelines. Lastly, the theme of Settlement Disputes emerges, indicating that the builder sought resolutions when parties reached compromises.

The commonality among these cases shows that SANA REALTORS frequently approached the court regarding refunds, often claiming misunderstandings or overpayments. Such disputes could indicate internal process challenges or communication gaps, often leading to litigation when parties have differing interpretations of transaction rules or expectations.

Furthermore, the builder's success in these cases can often be attributed to the lack of claims presented by respondents, coupled with the clear demonstration of their adherence to legal processes. In cases where claims progressed, the oppositional parties failed to provide compelling evidence, which allowed the builder to effectively defend itself.

This analysis showcases SANA REALTORS Private Limited's ability to navigate legal challenges successfully. While the real estate market is rife with conflict, it is crucial to recognize that builders, like SANA, can face unwarranted claims from buyers or other parties. The favorable outcomes in these cases reflect robust legal strategies and an understanding of compliance.

As a message to potential buyers, the takeaway is remarkably significant: it is essential to approach accusations against builders with caution. While legitimate disputes undoubtedly exist, being informed about the context and details surrounding a builder's reputation can lead to more balanced judgments. Investigating a builder's history, seeking reliable information, and understanding that parties can misconstrue situations or make exaggerated claims can help buyers make better decisions in the real estate arena.

An analysis of the cases filed against the builder, SANA REALTORS Private Limited, which the builder won, revealed the following information. The cases primarily fall under three common themes: Regulatory Compliance Issues, Withdrawal of Complaints, and Claims of Project Updates.

1. Regulatory Compliance Issues: In one case, the builder faced a complaint regarding the non-uploading of quarterly progress reports for a real estate project. The defense presented evidence demonstrating that the builder had, in fact, uploaded all required reports up to December 2022. This indicates compliance with regulatory requirements is a significant factor in disputes involving builders.
2. Withdrawal of Complaints: Notably, several cases were withdrawn, indicating that complaints were often resolved amicably between parties before reaching a final verdict. This emphasizes the importance of communication and negotiation in the real estate sector, illustrating that not all claims proceed through litigation.
3. Claims of Project Updates: Disputes over documentation and project status were also a recurring theme. The builder was able to demonstrate accountability regarding the project's progress, leading to the dismissal of claims and the discharge of notices issued by regulatory authorities.

Examining these cases reveals that buyers often brought complaints motivated by perceived project delays or lack of communication regarding progress. However, the builder's successful defenses point to several recurring factors: inadequate evidence from opposing parties, misunderstandings regarding regulatory compliance, and the resolutions reached outside of formal legal proceedings. This indicates that the builder, SANA REALTORS Private Limited, is adept at navigating legal framework and defending itself against claims, even those that may be unfounded or exaggerations.

This analysis enhances our understanding of the builder's reputation within the real estate market. It demonstrates that there are legitimate concerns and disputes in the sector; however, some claims may stem from misunderstandings or miscommunication. The ability of SANA REALTORS Private Limited to consistently win cases shows that they maintain professional standards and regulatory adherence, further validating their credibility.

In conclusion, potential buyers must approach the property market with diligence. While the real estate landscape contains a mix of genuine grievances and possibly unfounded claims, the track record of builders like SANA REALTORS Private Limited illustrates the importance of substantial evidence and transparent communication. Buyers are encouraged to seek reliable information and to thoroughly vet claims before forming opinions about a builder's reputation, ensuring their investment decisions are informed and balanced.