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VRIKSHAA VASSEES WELFARE ASSOCIATION

  • No of Complaints: 5
  • States (Active in): Tamil Nadu
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Year Established Not Available
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Analyzing Vrikshaa Vassees Welfare Association: A Builder's Performance Review

When considering a real estate investment, the reputation and track record of a builder is paramount. Vrikshaa Vassees Welfare Association, operating in Tamil Nadu, has recently attracted attention with a mixed performance in legal matters. Here, we analyze the outcomes of the builder's legal cases to offer potential buyers a clearer understanding of what to expect.

Overview of Legal Performance

  • Number of Complaints: 5
  • Cases Won: 4
  • Cases Lost: 1

Vrikshaa Vassees Welfare Association has won a notable majority of its legal cases, boasting a winning percentage of 80%. However, they have faced one significant loss, which raises questions about their compliance with previous commitments.

Breakdown of Cases Lost

The sole case that the builder lost involved allegations that they had illegally sold plots without approved plans or proper compliance to previous orders. Here’s a closer look at this case:

  • Appellant Claim: The appellant association contended that the developer failed to comply with earlier tribunal orders and sold plots without necessary approvals.
  • Respondent Claim: The builder argued that they provided some amenities and that the allottees had opted out of certain features, like a swimming pool, due to water scarcity concerns.
  • Final Verdict: The tribunal dismissed the appeal, supporting earlier decisions without issuing further directions.

Pattern in Lost Case: A recurring theme in the lost case appears to be issues around compliance with legal orders and plot sales procedures. This suggests a need for vigilance regarding adherence to regulatory standards.

Examination of Cases Won

Vrikshaa Vassees Welfare Association succeeded in four different cases where complaints were raised about the failure to provide promised amenities. An examination of these cases reveals:

  1. Commonality in Claims: All complaints referenced the absence of amenities like jogging tracks, gyms, swimming pools, and multi-purpose halls, which were advertised.
  2. Builder’s Defense: In response to these claims, the builder claimed that they were in a multi-phase construction process and questioned the legitimacy of the individual complainants' titles as legitimate representatives.
  3. Verdict: The authority directed the builder to fulfill its obligations regarding the amenities, emphasizing the importance of providing what was promised in advertisements.

Pattern in Won Cases: The success in these cases indicates the authority’s commitment to enforcing promised amenities, reinforcing consumer rights in disputes with developers. It also points to a commitment to plan compliance from the regulatory body overseeing real estate transactions.

Conclusion

Evaluating Vrikshaa Vassees Welfare Association based on their track record reveals a builder that is predominantly compliant, with 80% legal success. However, the reported case loss suggests the need for potential buyers to exercise due diligence before making a purchase.

Tips for Potential Buyers:
  1. Review Legal History: Investigate the builder’s legal history, noting any complaints or unresolved issues.
  2. Verify Amenities: Ensure that the amenities promised in promotional materials are guaranteed in your purchase agreement.
  3. Speak to Current Residents: Reach out to current residents in communities built by the builder to gain firsthand insights about their experiences.
General Tips for Selecting Any Builder:
  • Check Reviews and Ratings: Look for customer testimonials and reviews online or through local real estate groups.
  • Examine Financial Stability: Analyze the builder’s financial health; financially stable builders are more likely to complete projects.
  • Understand Their Approach: Research the builder's history and their pattern in handling disputes and compliance issues.

By keeping these insights in mind, potential buyers can make informed decisions and mitigate risks associated with real estate investments.

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Non-compliance with Municipal Orders Disputes over Land Ownership and Sale

An analysis of the cases filed by the Vrikshaa Vassees Welfare Association, which were ultimately lost by the builder, reveals significant insights into their operational practices and recurring disputes.

Firstly, two common themes emerge from these cases: 'Non-compliance with Municipal Orders' and 'Disputes over Land Ownership and Sale'.

Under the theme of Non-compliance with Municipal Orders, the builder was frequently involved in litigation regarding their failure to adhere to regulations and earlier orders from municipal authorities. This suggests a pattern of regulatory neglect, where the builder may have proceeded with selling plots and developing property without securing necessary approvals.

The second theme concerning 'Disputes over Land Ownership and Sale' highlights the builder’s involvement in conflicts related to the sale of plots, particularly regarding the legality of these transactions. The disputes arose primarily from the builder's actions of selling plots purportedly without the relevant permissions or in the face of regulatory requirements.

A common reason the builder initiated litigation was to contest various penalties imposed due to these failures and to dispute project delays, which they argued were caused by external factors, including residents' preferences. In one of the summarized cases, the builder claimed they had provided some amenities, yet the opposing party highlighted significant issues regarding plot sales and the absence of a swimming pool, signaling broader dissatisfaction and discontent.

However, the cases were notably lost by the builder for several key reasons. One of the main factors was insufficient evidence to support their claims. In instances where the builder attempted to argue that residents were not interested in certain amenities due to external constraints, they failed to substantiate these claims with documented proof. Furthermore, the tribunal's decisions reflected a consistent stance on the builder's non-compliance with legal or regulatory directives, which contributed to their setbacks in court. The builder’s misunderstandings regarding current land regulations and inadequacies in complying with interim directions further compounded their losses.

Overall, these patterns illustrate critical lessons for prospective buyers: ensuring that any builder has a robust track record of compliance with local regulations and approvals, while also understanding the potential risks involved when disputes arise between builders and regulatory bodies. Buyers are thus encouraged to conduct thorough due diligence before engaging with real estate projects to safeguard their investments.

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
Appeal No.54 of 2023 Tamil Nadu The appellant association sought directions again… ["Non-compliance", … {"appellant_claim": "The appellant association cl… Vrikshaa Vassees We… Dhanaas Property De… https://drive.google.com/uc?id=15nbgSxZSF4nrCS2lAqg5Yy91hp5raXTQ
Amenities Provision Claims Non-compliance with Final Orders Disputes over Association Leadership Penalties for Non-compliance

An analysis of the cases filed by the builder, which it won, revealed the following information.

The disputes predominantly revolve around the provision of promised amenities, compliance with final orders, and leadership claims within the homeowner association.

1. Amenities Provision Claims: The builder faced multiple claims regarding the failure to provide common amenities such as a jogging track, gym, swimming pool, and multipurpose hall as advertised. In these cases, the builders successfully argued that they were in the process of developing the project in phases and that some allegations were made by individuals not officially representing the homeowner association.

2. Non-compliance with Final Orders: There were instances where the Execution Petitioner claimed the builder had not adhered to previous final orders regarding amenity construction. The builder countered, stating that they had completed most amenities but had not moved forward with certain features like the swimming pool due to majority opposition from owners.

3. Disputes over Association Leadership: Claims were also made questioning the legitimacy of the complainants' representation in the association. The builder maintained that the complainant was not the registered president, which is crucial in governance matters associated with the homeowner community.

4. Penalties for Non-compliance: In cases where penalties were imposed, the builder contested these claims, arguing that they had fulfilled the majority of their obligations as outlined in previous orders, and penalties were unnecessary or unjustified.

Common themes point to the builder frequently defending its actions based on procedural compliance and the status of community agreements. A significant reason for the builder's court victories stems from proving that the opposing parties—including individuals claiming to represent the home association—often lacked the sufficient legal backing or formal authority in their claims. Moreover, the builder demonstrated ability in navigating compliance disputes by adhering as closely as possible to regulatory and construction timelines, even in the face of opposing homeowner sentiments.

This analysis reflects on the builder's reputation in the real estate market, suggesting a robust defense mechanism against what may sometimes be unfounded claims. It highlights an important aspect of real estate transactions, where exaggerated accusations can lead to lengthy legal battles. Vrikshaa Vassees Welfare Association has shown a solid track record in this regard, addressing claims effectively and demonstrating a commitment to fulfilling its promises to buyers.

In conclusion, potential home buyers should approach claims carefully and seek reliable information before jumping to conclusions about a builder's reputation. While legitimate disputes arise, this analysis illustrates that builders like Vrikshaa Vassees Welfare Association can effectively defend against unjust claims. In the real estate market, a thorough due diligence process is essential to making informed decisions and understanding the context behind the disputes that may arise.

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
E.P.No.15/2021 in C… Tamil Nadu The Execution Petitioner sought various reliefs a… ["Non-compliance wi… {"appellant_claim": "The Execution Petitioner cla… Vrikshaa Vassees We… Tmt. V. Manimuthu https://rera.tn.gov.in/cms/tnrera_judgements/2021/EP_No/15-2021.pdf
C.No.326/2019 Tamil Nadu The complainant, a resident welfare association, … ["Failure to provid… {"appellant_claim": "The complainant claimed that… Vrikshaa Vassees We… Mrs. V. Manimuthu https://rera.tn.gov.in/cms/tnrera_judgements/2019/326-2019.pdf

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