SKYLARK INFRATECT PRIVATE LIMITED

Introduction

In the competitive real estate landscape of Rajasthan, potential buyers frequently encounter various builders. One such entity is Skylark Infratect Private Limited, a builder that has generated attention due to its legal track record. In this blog post, we delve into the builder's complaint history and legal outcomes to inform prospective buyers about what they might expect.

Legal Case Overview

Skylark Infratect has faced a total of 4 complaints, all of which they lost. Each case revolved around allegations that the builder failed to deliver flats to buyers in a timely manner. In addition to the complaints, the builder has directed to pay a total compensation of Rs 3,30,000 for delayed possession, creating a precedent that highlights recurring issues surrounding project delivery timing.

Common Factors in Lost Cases

The common thread across the four cases lost by Skylark Infratect is based on the complaints from buyers who sought possession of their flats. The buyers claimed:

• Delayed Possession: Each case specifically revolved around the builder's failure to deliver homes as per promised timelines.
• Uniform Respondent Defense: The builder often argued that the delays were due to various external factors, including delays in obtaining layout plan approvals and financial difficulties. These claims suggest a lack of planning and risk management in their operational procedures.

Patterns in Won Cases

Interestingly, Skylark has not secured any wins in any of their legal cases, indicating a consistent trend in their dealings. Since all cases led to losses, no patterns of success can be identified. This raises concerns for potential buyers regarding the builder's reliability and responsiveness to contractual obligations.

Conclusion

In summation, Skylark Infratect Private Limited's overall performance in the courtroom indicates significant challenges in effectively managing project timelines and adhering to contractual commitments. Their complete lack of wins in legal disputes should serve as a considerable warning sign to future customers.

Tips for Potential Buyers Considering Skylark Infratect

1. Due Diligence: Conduct thorough research on the builder's reputation in the market, paying special attention to customer reviews and testimonials.
2. Clarify Terms: Before signing any agreement, ensure that delivery timelines and clauses regarding possession are crystal clear to prevent potential legal disputes.
3. Seek Legal Counsel: It may be beneficial to consult with a legal expert, particularly someone familiar with real estate, to review documents before making financial commitments.
4. Contingency Plans: Consider including contingency plans in your purchase agreement to safeguard your interests in case of delays.

General Tips for Buyers When Selecting Any Builder

• Reputation Check: Look for builders with a strong track record and positive customer feedback.
• Project Transparency: Choose builders who provide transparency about the project stages, timelines, and financial statuses.
• Visit Existing Projects: If possible, visit projects completed by the builder to assess quality and talk to previous homeowners.
• Understand Market Trends: Be informed about the real estate market dynamics in the chosen area, which can influence builder performance.

By keeping these insights in mind, potential buyers can make more informed decisions, ensuring their investment journey is as secure and beneficial as possible.

Analysis of the cases filed against Skylark Infratect Private Limited, where the builder lost, revealed several key patterns and themes across the disputes. The cases primarily revolved around delayed possession claims, with all complainants alleging that the builder failed to deliver flats on time and seeking compensation for the delays.

The builder consistently justified the delays by citing various reasons, including complications in obtaining approval for the layout plan, financial difficulties, and a ban on the use of bajri (a type of construction material). However, despite these justifications, the builder was found liable to pay compensation in each case, indicating a degree of disfavor towards their reasoning in court.

One of the most notable aspects of these cases is the emergence of a common trigger for litigation: the failure to adhere to promised timelines. The complainants, who would have expected to receive their flats within a reasonable period, were instead met with delays of up to 22 months. This significant deviation from expectations directly led to claims for compensation, highlighting the importance of reliable project timelines in real estate transactions.

The builder's losses in these cases can be attributed to several factors. Firstly, the repeated failure to deliver on promises suggests systemic issues within their project management that were likely evident to the court. Moreover, the builder's defenses, while plausible, may not have been substantiated with sufficient evidence to convince the court that the delays were truly unavoidable. This raises a critical point: in real estate litigation, having robust documentation and evidence to support claims is crucial, especially when defending against common complaints like project delays.

In summary, the cases against Skylark Infratect Private Limited serve as a warning to potential buyers about the risks associated with delayed possession and the importance of scrutinizing a builder's reliability. They also highlight the challenges builders face when justifying delays and the need for transparency and solid legal footing in their dealings.