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VIVA WINNER VENTURE REALTORS LLP

  • No of Complaints: 8
  • States (Active in): Maharashtra
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Introduction

Viva Winner Venture Realtors LLP operates in the competitive landscape of real estate in Maharashtra. Like many builders, they have encountered legal challenges that potential buyers should be aware of. This blog post delves into the company's legal history, analyzing cases won and lost to provide valuable insights for prospective customers.

Overview of Legal Cases

As of now, Viva Winner Venture Realtors LLP has received a total of 8 complaints, with 2 cases won and 6 cases lost. This ratio raises some concerns for potential homebuyers who are considering investing in projects by this builder.

Analysis of Cases Lost

In the two instances where Viva Winner Venture Realtors LLP faced legal defeat, the underlying issues revolved around a request for increased interest on payments. The appellants sought rectification of an order that initially granted them interest at a rate of 10.40%. They requested that this be raised to 20%. However, the tribunal ruled against this request, dismissing the application on grounds of it being unsustainable in law. A notable pattern in these lost cases shows that the builder contested appeals mainly focused on financial claims, likely reflecting disputes over contractual obligations, interest rates, or delays in project delivery which often plague the real estate sector.

Analysis of Cases Won

Contrastingly, the six cases that were resolved in favor of Viva Winner Venture Realtors LLP featured a mix of scenarios. These included cases where the applicants withdrew their applications, and instances where the claims were dismissed outright, citing compliance with the terms of the agreement. In many of these win scenarios, the details regarding the appellant's claims were not provided, which might point to insufficient grounds for the claims made against the builder. The only common factor in the cases won seems to be a lack of strong evidence to support the claims against the builder, which led to favorable rulings for Viva Winner.

Overall Assessment

The legal history of Viva Winner Venture Realtors LLP presents a mixed bag. While the builder has managed to win several cases, the prevalence of complaints and the significant number of losses cannot be overlooked. Buyers should approach this builder with caution, weighing the risks against their investment goals.

Tips for Potential Buyers

  • Research Thoroughly: Investigate the builder's past projects and legal battles. Understanding a builder's reputation can prevent potential disputes.
  • Ask for References: Speaking to previous customers can provide insights into their experiences.
  • Inquire About Delays: Understanding any current or past delays may help gauge the builder's reliability.
  • Review Contracts Carefully: Ensure that all terms are clear, particularly concerning payment schedules and penalties for late completion.
  • Consult Legal Experts: Before signing any contracts, it may be beneficial to seek legal advice to ensure the terms are fair and protect your interests.

General Tips for Selecting Any Builder

  • Verify Credentials: Ensure the builder is registered and complies with local regulations.
  • Check Project History: Look into the builder's previous projects and ratings concerning quality and timely delivery.
  • Examine Financial Stability: A financially stable builder is less likely to face issues that could delay projects.
  • Look at Customer Reviews: Evaluating reviews and ratings on independent platforms can help to get an unbiased view of the builder's credibility.
  • Visit Completed Projects: If possible, visiting a builder's completed projects can give you a better idea of their work quality.

Conclusion

Purchasing a property is a significant investment, and understanding the nuances of a builder's legal background is essential. While Viva Winner Venture Realtors LLP has secured wins in their legal cases, the notable number of complaints and losses may warrant a careful approach from prospective buyers. By arming themselves with knowledge and insight, potential customers can make informed decisions that align with their investment goals.

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Failure to Comply with Agreement Terms Execution Stay Applications Interest Calculation Delays

Analysis of the cases filed against Viva Winner Venture Realtors LLP, where the builder lost, revealed several key themes and patterns. The cases can be broadly categorized into three topics: Failure to Comply with Agreement Terms, Execution Stay Applications, and Interest Calculation Delays.

The majority of the cases centered around the Failure to Comply with Agreement Terms. In these instances, the appellants claimed that the builder had not adhered to the agreed-upon terms, which reflects a significant concern in the real estate sector where contractual obligations are paramount. The builder's defense consistently revolved around their assertion of compliance, yet the application was dismissed twice, indicating underlying issues that may warrant deeper investigation.

Execution Stay Applications were another recurring theme. The applicants in several cases sought to withdraw their applications for staying the execution, which suggests that there may have been attempts to halt actions taken by the builder, perhaps regarding project delays or other discrepancies. The builder’s response in these cases highlights a tactical choice to seek time for interest calculations, potentially indicating a defensive posture rather than addressing the root causes of the disputes.

The Interest Calculation Delays point to a broader issue of operational inefficiencies or inadequate legal representation by the builder, as evidenced by the repeated mention of an advocate's illness causing delays. This raises questions about the builder's reliability in fulfilling financial obligations tied to legal agreements.

Common triggers for litigation in these cases include:

  • Contesting Compliance: Many disputes revolved around the builder’s alleged failure to meet the terms of the agreement.
  • Delay Defense: The builder frequently sought to defend themselves by citing external factors, such as illnesses affecting their legal representation, rather than confronting the core issues raised.

The builder lost these cases primarily due to:

  • Insufficient Evidence: The dismissal of the applications suggests that the builder may not have provided adequate proof of their compliance with the agreements.
  • Tactical Delays: The repeated requests for time to calculate interest and the withdrawals of stay applications indicate a potential lack of clear strategy or adherence to timelines, which could undermine their position in legal battles.

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
Execution Applicati… Maharashtra Nehal Nikhilkumar Thakkar & Anr. filed an executi… ["Execution Applica… {"appellant_claim": "The appellants claimed that … Anr. Viva Winner Venture… https://drive.google.com/uc?id=1DutBTeZUYYxSIXAwqzM4SyNhVwNWtZhq
M.A. No. 227/23 Maharashtra Applicants withdrew the application for staying e… ["Withdrawal of Sta… {"appellant_claim": "The applicants withdrew thei… Nikhilkumar Thakuma… Viva Winner Venture… https://drive.google.com/uc?id=1dqByiM7neiQGc0AoSFEf6t8ZXSa8VI3p
AT006000000041914/1… Maharashtra The judgment debtor paid Rs.6 lakhs to the decree… ["Payment", "Intere… {"appellant_claim": "Not provided", "respondent_c… Anr Viva Winner Venture… https://drive.google.com/uc?id=1UNRIYtJ_RIIC383UxFSTajjmNezMa0C9
Disputes over Interest Rates Jurisdictional Challenges in Claims Claims of Rectification of Orders

An analysis of the cases filed against the builder, Viva Winner Venture Realtors LLP, which the builder won, revealed the following information. The disputes primarily centered around issues related to interest rates on payments and procedural jurisdiction when seeking to rectify prior tribunal orders.

Specifically, appellants consistently sought adjustments to granted interest rates, requesting a higher rate of 20% instead of the 10.40% awarded. Simultaneously, there were recurring challenges to the tribunal's jurisdiction to address such applications, which fell under Section 39 of the RERA. The cases reflect a broader theme where buyers exhibited dissatisfaction with financial arrangements in their real estate transactions.

The reasons for these cases being brought to court often revolved around perceived fairness and expectations about payments that buyers believed were not met. In this case, the appellants contested the financial terms post-judgment, indicating a potential misunderstanding of legal processes as well as financial product structures tied to real estate transactions.

The builder emerged victorious in these disputes due to the opposing parties' failure to supply sufficient legal grounding for their claims, particularly regarding jurisdictional authority over the tribunal’s rulings and the applicability of interest rates being contested. This outcome demonstrates that the builder was not only aware of the regulatory environment but was adept at navigating legal frameworks effectively, indicating a robust understanding of compliance and legal requirements that support their operations.

This analysis also sheds light on the builder’s reputation in the market. It becomes clear that issues may stem from buyers making claims that could be misleading or exaggerated in their nature, resulting in futile legal battles. The strong track record of Viva Winner Venture Realtors LLP in successfully defending against such claims suggests that they maintain operational integrity and commitment to delivering on their promises.

For potential buyers, this serves as a critical reminder of the importance of conducting thorough research and making informed decisions before forming opinions about a builder's reputation. While disputes are natural in the real estate sector, it is vital to discern cases of legitimate grievances from those that may arise from misunderstandings or overly ambitious expectations. Buyers should approach claims judiciously and seek comprehensive information to avoid being swayed by potentially invalid accusations against builders.

This dictionary encapsulates the analysis of the specific case summaries and provides a structured, insightful overview for potential buyers looking to understand the dynamics at play in disputes involving builders like Viva Winner Venture Realtors LLP.

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
M.A. No. 689/22 Maharashtra Appellants sought rectification of order passed i… ["Rectification of … {"appellant_claim": "Appellants sought rectificat… Mr. Nikhilkumar Tha… Viva Winner Venture… https://drive.google.com/uc?id=1Fiywu73iO3rV4QrFihkFzKtsbnXsQPLZ

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