SWANHOUSING & INFRA PRIVATE LIMITED

Introduction

When it comes to real estate investments, thorough research is paramount. Buyers seek reliability, transparency, and a strong record of compliance from builders. Swanhousing & Infra Private Limited, operating primarily in West Bengal, has recently come under scrutiny due to legal challenges that potential buyers should be aware of. This article will delve into the builder's legal history, highlighting any notable patterns in their cases, and offer advice for prospective buyers.

Overview of Complaints and Legal Outcomes

Swanhousing & Infra Private Limited has faced a total of 2 complaints, both of which resulted in losses for the builder. It is important to note the nature of these cases as they provide insight into the builder's operational integrity and adherence to regulations.

Details of Legal Cases

1. First Case:
   • Appellant Claim: The appellant alleged that Swanhousing did not comply with a final order issued on 24.02.2021 by the erstwhile West Bengal Housing Industry Regulatory Authority (WBHIRA).
   • Respondent Claim: In response, the builder claimed they did not comply due to directives from the Hon'ble High Court.
   • Final Verdict: The WBRERA Authority directed Swanhousing to comply with the order and referred the matter for execution to the Principal Civil Court of South 24 Parganas.
2. Second Case:
   • Appellant Claim: The complainant sought the enforcement of the final judgment and order dated 24.02.2021, also from WBHIRA.
   • Respondent Claim: The builder claimed no grounds in this case.
   • Final Verdict: The Authority mandated the builder to complete the registration of the deed of conveyance within 30 days.

Patterns in Cases Lost

The pattern observed in the cases Swanhousing lost centers around non-compliance with regulatory orders. The builder faced accusations of failing to adhere to directions given by the WBHIRA. Both cases highlighted issues tied to legal compliance—specifically, failure to execute orders from regulatory authorities.

Notable Aspects in Cases Won

Interestingly, while the builder has lost two cases, the cases won indicate that the authority ultimately directed them towards compliance instead of vindicating their operations. This suggests a recurring theme of Swanhousing’s operational challenges in meeting regulatory expectations rather than fundamentally winning any claims against them.

Conclusion

In summary, Swanhousing & Infra Private Limited has an established record of legal challenges, with a disheartening track of having lost both reviewed cases. Their history of non-compliance underlines the importance of assessing builder reliability critically.

Tips for Potential Buyers

1. Research Builder History: Investigate past legal issues, complaints, and overall reputation in the market before making a decision.
2. Consult Legal Advisors: If considering purchasing, consult with a legal expert regarding any contractual commitments with the builder.
3. Clarify All Agreements: Ensure that all agreements and commitments are clearly documented and comply with local regulations.

General Advice for Buyers Choosing a Builder

• Verify Registration: Ensure the builder is registered with relevant authorities and complies with local regulations.
• Inquire About Previous Projects: Ask for completed project histories, focusing on customer satisfaction and feedback.
• Assess Financial Health: Check the builder’s financial records to gauge stability and ability to fulfill project commitments.

By being diligent and informed, buyers can protect themselves and ensure a positive home-buying experience.

Analysis of the cases filed against Swanhousing & Infra Private Limited, where the builder lost, revealed significant insights into their legal disputes. The cases can be broadly categorized into two themes: non-compliance with regulatory orders and delayed execution of judgments.

The first theme, non-compliance with regulatory orders, is exemplified by the builder's failure to adhere to the final order dated 24.02.2021 of the erstwhile WBHIRA. The builder defended their non-compliance by citing directions from the Hon'ble High Court in another case; however, this defense did not stand, and the WBRERA Authority directed them to comply with the original order. This pattern indicates a concerning trend where the builder may be confusing legal directives or using them inadequately to justify non-compliance.

The second theme, delayed execution of judgments, highlights the builder's inability or unwillingness to complete legal obligations in a timely manner. In one case, the complainant sought execution of the final judgment and order from 2021, and the builder had no claims or defenses in this matter. The Authority ruled that the builder must complete the registration of the deed of conveyance within 30 days, which shows a clear expectation for prompt action that had not been met.

Common reasons for these legal disputes include the builder's failure to comply with regulatory requirements and their inability to execute legal judgments promptly. People may have brought these cases to court primarily due to the builder’s delays in fulfilling their commitments and complying with legal standards. The builder's losses in these cases can be attributed to insufficient valid defenses and a lack of compliance with the legal framework surrounding real estate transactions. Overall, these cases reflect a need for buyers to exercise caution when considering transactions with builders who may have a history of legal disputes and non-compliance.