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UNIQUE BUILDER

  • No of Complaints: 16
  • States (Active in): Rajasthan
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Year Established Not Available
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Introduction

In the realm of real estate, selecting the right builder is paramount for a successful property investment. This post focuses on Unique Builder, a firm based in Rajasthan, and analyzes their performance based on legal cases filed against them, the outcomes of these cases, and the insights potential buyers should consider.

Overview of Unique Builder

Unique Builder has been involved in a total of 16 complaints since its inception, with a mixed record of 9 cases won and 7 cases lost. This legal history provides a significant basis for evaluating the builder's credibility and reliability.

Summary of Legal Cases

Cases Won by Unique Builder

Unique Builder has won a total of 9 cases, indicating their capability in navigating legal challenges. Notably, one case they won revolved around jurisdiction issues, where the tribunal confirmed that the Adjudicating Officer’s transfer of applications was improper. This demonstrates that Unique Builder was able to effectively argue their position regarding regulatory authority and legitimacy.

A common theme in winning cases indicates the builder’s skill in defending claims related to contract execution and project development timelines. For example, several instances related to complaints about undelivered possession were dismissed as premature, suggesting effective timing in legal arguments.

Cases Lost by Unique Builder

Contrastingly, Unique Builder lost 7 cases. A prevalent factor in these losses relates to the complaints about completion timelines and the non-delivery of units. Many of the claims pointed to failure in adhering to promised deadlines or not obtaining necessary completion certificates. In these instances, the outcomes often hinged on the builder's responsibility for projects under their name, raising concerns for consumers regarding accountability and delivery.

One case highlighted the builder's attempt to absolve responsibility, placing blame on collaborating firms instead. However, the ultimate decisions often favored the complainants, reflecting a need for thorough oversight and compliance on Unique Builder's part.

Analysis of Patterns

Common Factors in Lost Cases

From the analysis of the cases Unique Builder has lost, the following patterns emerge:

  • Lack of Communication: Several cases indicate a failure in communication regarding project timelines and updates, leading to dissatisfaction among buyers.
  • Completion Issues: Most complaints centered around the builder's inability to produce completion certificates and deliver properties on time.
  • Defensive Legal Strategies: In many cases, the builder's arguments were often rejected, reflecting inadequacies in their defense strategies.

Common Factors in Won Cases

In contrast, the successful cases showcase:

  • Proactive Defense: Unique Builder was able to convincingly demonstrate premature claims or deferrals, showcasing a sound understanding of legal processes.
  • Technicalities in Legal Framework: The builder adeptly navigated legal frameworks to argue jurisdictional correctness, indicating familiarity with legal structures governing property development.
  • Documentation and Compliance: They showcased sufficient documentation to defend against claims of reckless activity in project management, especially about completion certificates.

Conclusion

Overall, Unique Builder presents a mixed bag of legal performance, which potential buyers must carefully consider. While their ability to win cases indicates a level of competence, the significant number of complaints and legal challenges raises red flags about their operational integrity and project management efficacy.

Tips for Potential Buyers

  1. Conduct Thorough Research: Investigate past projects and legal disputes to understand the builder's reputation.
  2. Seek Reviews from Current Homeowners: Engaging with people who have purchased properties from Unique Builder can provide valuable insights regarding their experiences.
  3. Ask About Project Timelines: Ensure clarity in expected project timelines and completion certificates before making any commitments.
  4. Review Legal Documentation Carefully: Ensure that all agreements stipulate clear terms regarding delivery dates and penalties for delays.

General Tips for Selecting Any Builder

  • Check Credentials: Always verify the builder's licenses and track records with the relevant authorities.
  • Explore Past Projects: Visit completed projects and read testimonials from previous buyers to gauge customer satisfaction.
  • Be Clear on Payment Terms: Understand the payment structure and any related penalties for non-compliance.

By remaining informed and cautious, buyers can navigate their investments effectively, minimizing risks and maximizing returns.

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Delayed Possession Claims Refund Disputes over Non-Executed Agreements Penalties for Non-Compliance Compensation Claims

Analysis of the cases filed against the builder Unique Builder, which it lost, revealed significant insights into its dealings with clients and regulatory bodies. The cases can be broadly categorized into several themes, highlighting the builder's primary disputes.

The first theme, Delayed Possession Claims, encompasses multiple cases where the complainants sought refunds due to the builder's failure to deliver possession within the stipulated period for the project Unique Green Acres. The builder consistently claimed that the complaints were premature and attempted to deflect responsibility by accusing the complainants of being defaulters. However, the Authority ruled in favor of the complainants, directing the builder to refund the deposited amounts with interest, as it became evident that the project would not be completed on time. This highlights a pattern where the builder underestimated the project timeline and was unable to meet the expectations of its clients.

The second theme, Refund Disputes over Non-Executed Agreements, involves cases where the complainants claimed refunds for agreements of sale that were not executed, asserting that they were entitled to interest on their deposits. The builder, on the other hand, contended that agreements were executed and refunds had been made. The Authority ruled in favor of the complainants, ordering refunds without interest and allowing a 10% deduction in some instances. This theme illustrates a significant communication gap between the builder and buyers regarding the execution of agreements and the implications thereof.

Penalties for Non-Compliance is a theme that emerged from a case where the builder admitted to not mentioning the RERA website address in advertisements for its projects. This omission led to a token penalty of Rs. 5,000/- for each of the four projects. The builder's failure to comply with regulatory requirements demonstrates a lack of due diligence and adherence to standards that are crucial in the real estate sector.

Lastly, the Compensation Claims theme is illustrated by a case where the complainant sought possession of an apartment that was supposed to be completed by 01.04.2019. The builder indicated that compensation claims would need to be addressed by the Adjudicating Officer. Ultimately, the case was disposed of with directions for the complainant to file a separate application for compensation, leaving the buyer's status in limbo.

Common triggers for the builder's litigation include failing to meet project timelines, inadequate communication with buyers, and non-compliance with regulatory standards. The builder's consistent losses in these cases point to repeated failures in understanding client expectations and adherence to legal frameworks, leading to significant financial repercussions and damage to its reputation.

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
RAJ RERA-C-2019-2902 Rajasthan Complainant Pratibha Tak filed a case against Uni… ["Non-receipt of po… {"appellant_claim": "The complainant claimed not … Pratibha Tak Unique Builders https://rera.rajasthan.gov.in/Content/pdf/Pratibha tak.pdf
F.13(1)/2019 Rajasthan The case pertains to four projects of Unique Buil… ["Non-mention of RE… {"appellant_claim": "Not provided", "respondent_c… Unique Builders https://rera.rajasthan.gov.in/Content/pdf/SUO MOTO VS UNIQUE.pdf
RAJRERA-C-2019-2729 Rajasthan Complainant sought refund for delayed possession … ["Delayed possessio… {"appellant_claim(in detail)": "The complainant s… Raghuveer Singh Unique Builders https://rera.rajasthan.gov.in/Content/pdf/70132019-2729.pdf
Jurisdictional Disputes Regulatory Compliance Authority of Adjudicating Officers

An analysis of the cases filed by the builder, UNIQUE BUILDER, which it won, revealed insightful patterns and themes regarding their legal disputes and their outcomes.

  1. Jurisdictional Disputes: One of the primary themes highlighted in these cases is the dispute over jurisdiction. UNIQUE BUILDER contested claims regarding the appropriateness of the Adjudicating Officer's decisions. In cases where the builder argued that an application was wrongfully transferred, they succeeded in demonstrating that the officer had exclusive authority, which established a precedent for the jurisdictional powers within the field.
  2. Regulatory Compliance: Another theme indicated is the builder's engagement with regulatory bodies. The disputes often indicate a task of ensuring that all actions taken by the involved parties, including the Adjudicating Officers and other regulatory entities, align with current laws and stipulations. This obedience to defined legal frameworks often played a significant role in their victories.
  3. Authority of Adjudicating Officers: The cases reveal a recurring theme where the authority granted to Adjudicating Officers was called into question. UNIQUE BUILDER's contentions against alleged improper transfers highlight their vigilant approach toward maintaining clarity regarding authority in real estate transactions.

The reasons for UNIQUE BUILDER bringing these cases to court stem from a need to contest penalties, dispute project delays that may have been improperly assigned to them, or challenge misinterpretations concerning land classifications and transfers. Such claims often resulted in legal battles fueled by misunderstandings or inaccuracies.

The victories in these cases can be attributed to several factors, including the failure of opposing parties to provide sufficient evidence, non-compliance with legal requirements or directions, and misunderstandings relating to land or project classifications. In essence, UNIQUE BUILDER has managed to defend itself successfully against claims that may have been overstated or baseless.

From this analysis, we can glean that UNIQUE BUILDER has established a strong reputation for defending against unjust allegations, a fact which is reflective of broader patterns in the real estate market where false accusations can sometimes tarnish a builder's name. It serves as a testament to the vigilance and preparedness of builders like UNIQUE BUILDER in navigating complex disputes with authority, especially when claims arise from misunderstandings or malintent.

In conclusion, potential buyers are urged to make informed decisions before entering the real estate market. While some disputes may be valid and warrant attention, the experiences of UNIQUE BUILDER highlight the importance of scrutinizing claims with a critical eye. Buyers should remain vigilant and seek credible information, understanding that builders can, and often do, succeed in defending themselves against unjust accusations.

Delayed Project Completion Claims Non-compliance with Completion Certificates Refund and Payment Disputes Insufficient Representation in Court

An analysis of the cases filed against the builder, UNIQUE BUILDER, which the builder won, revealed the following information. The cases filed against the builder can be categorized under a few recurring themes: Delayed Project Completion Claims, Non-compliance with Completion Certificates, Refund and Payment Disputes, and Insufficient Representation in Court. Each of these themes encapsulates various legal disputes that sheds light on the nature of conflicts commonly encountered in real estate dealings.

Many of the cases involved claims related to delayed project completions, where complainants asserted that UNIQUE BUILDER had failed to deliver units on time. Additionally, other cases revolved around issues concerning the submission of completion certificates and the legitimacy of ongoing projects. Several complaints were filed seeking refunds, often accompanied by requests for interest and penalties, suggesting a high level of frustration among buyers over perceived delays or contractual non-fulfillment.

The reasons for bringing these cases to court vary but predominantly include contesting penalties for alleged project delays and disputes over the registration and compliance of projects with regulatory frameworks. A pattern emerges where buyers often felt wronged, leading them to seek legal recourse for refunds or to challenge the builder's claims. However, these disputes appear rooted in misunderstandings regarding the legal responsibilities of builders and the regulatory landscape in which they operate.

In examining why UNIQUE BUILDER succeeded in defending itself against these claims, a few common reasons stand out. Frequently, the opposing parties had inadequate evidence to substantiate their claims, and there were incidents of insufficient compliance with court protocols by the complainants, including failure to appear at hearings. Moreover, in certain instances, UNIQUE BUILDER effectively demonstrated that their projects were compliant with real estate regulations and that completion certificates had been properly submitted. This ability to navigate legal technicalities proved advantageous and reaffirmed the builder's position, often against what turned out to be exaggerated or unfounded accusations.

This analysis indicates that UNIQUE BUILDER maintains a robust reputation in the real estate market, bolstered by its successful standing in these legal disputes. It reflects a broader truth that in real estate transactions, accusations can sometimes be unfounded or arise from misinterpretations of project statuses. Such disputes can result in costly litigation for builders, yet UNIQUE BUILDER's track record suggests a resilience in the face of these challenges. It highlights the need for builders to remain diligent and prepared to respond to claims, even those that may be unjustified.

In conclusion, potential buyers are strongly advised to approach real estate transactions with caution and care. While legitimate disputes undoubtedly exist, this analysis demonstrates that builders like UNIQUE BUILDER can often defend themselves adeptly against unfounded claims. As such, it is essential for buyers to seek comprehensive and reliable information before forming opinions regarding a builder's credibility or reputation, ensuring they make informed decisions in their real estate endeavors.

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
RAJ-RERA-C-2018-2632 Rajasthan Complainant Naveen Kumar Sharma filed a complaint… ["Real Estate Dispu… {"appellant_claim": "The complainant claimed that… Naveen Kumar Sharma Unique Builders https://rera.rajasthan.gov.in/Content/pdf/Naveen Kumar Sharma (1).pdf
RAJ-RERA-C-2019-2826 Rajasthan Complaint dismissed in default as the complainant… ["Complaint dismiss… {"appellant_claim(in detail)": "The complainant, … Meenu Sabharwal Unique Builders https://rera.rajasthan.gov.in/Content/pdf/59602019-2826.pdf
RAJRERA-C-2019-2922 Rajasthan The complainant, Ankur Jain, filed a complaint ag… ["Premature Applica… {"appellant_claim(in detail)": "The complainant c… Ankur Jain Unique Builders https://rera.rajasthan.gov.in/Content/pdf/76082019-2922.pdf
RAJ/RERA/C-2019-3070 Rajasthan The complainant, Mukesh Rathi, withdrew his appli… ["amicable settleme… {"appellant_claim": "Not provided", "respondent_c… Mukesh Rathi Unique Builders https://rera.rajasthan.gov.in/Content/pdf/47192019-3070.pdf
RAJ-RERA-C-2019-2918 Rajasthan Complaint filed by Dinesh Songara against Unique … ["Default case", "D… {"appellant_claim": "The complainant claims that … Dinesh Songara Unique Builders https://rera.rajasthan.gov.in/Content/pdf/49162019-2918.pdf

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