XRBIA CHAKAN DEVELOPERS PRIVATE LIMITED
- No of Complaints: 4
- States (Active in): Maharashtra
| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
When considering a real estate investment, understanding the legal track record of a developer can greatly influence your decision. Here, we delve into the case history of Xrbia Chakan Developers Private Limited, a builder operating in Maharashtra, examining both the complaints they have faced and the outcomes of these legal battles.
Overview of Complaints
Xrbia Chakan Developers Private Limited has a total of 4 complaints filed against them. Notably, they have lost all 4 cases, indicating a concerning trend regarding their dealings and obligations towards purchasers.
Legal Case Breakdown
As we analyze the legal cases involving Xrbia Chakan, we see distinct patterns emerge from both the cases lost and won.
Cases Lost
All four cases against Xrbia Chakan Developers resulted in favorable outcomes for the complainants. Commonalities in these lost cases include:
- Misrepresentation and Lack of Transparency: The most prominent issue involved claims that the builder misrepresented property features (like a premium view) and imposed unjust charges related to those representations. This highlights a possible pattern of failing to provide clear and truthful information about their projects.
- Jurisdiction Challenges: Several cases were centered on arguments about jurisdiction. In two instances, the builders contested the authority of the MahaRERA member involved in adjudicating the cases. Ultimately, the appellate tribunal consistently found in favor of the complainants, asserting that the MahaRERA member had indeed lacked the jurisdiction to transfer the cases.
Cases Won
Despite having 4 cases filed against them, there are notable patterns in the case outcomes that the builder might consider favorable:
- Jurisdictional Appeals: In all instances where the builder was involved in jurisdiction claims, the tribunal acknowledged the procedural issues, remanding matters back for fresh hearings. This indicates a potential loophole in handling disputes, as procedural victories do not directly address the substantive complaints of buyers.
- No Direct Win in Complaints: While procedural decisions went in the builder's direction on technical grounds, there were no victories on the substantive issues raised by complainants. This emphasizes that while legal procedures may be navigated, core issues, such as contract fulfillment and misrepresentation, are yet unresolved.
Conclusion
The legal record of Xrbia Chakan Developers Private Limited raises several red flags for potential buyers. With a past of losing all filed cases and complaints relating to misrepresentation and jurisdictional issues, this developer may not instill trust in buyers aiming for transparency and reliability in their property investment.
Tips for Potential Buyers
- Conduct Thorough Research: Always research a builder’s legal history before making a purchase. Ensure you understand their track record, especially regarding complaints and resolutions.
- Ask for Transparency: When discussing potential purchases, ask the developer for detailed documentation about project features and any previous complaints. Ensure there are no gray areas.
- Seek Independent Opinions: Consult independent real estate experts or legal advisors for a comprehensive understanding of the builder’s reputation and the specific project.
General Tips for Selecting Any Builder
- Verify Credentials: Ensure the builder is registered with relevant governing bodies and has a history of completing projects on time and within budget.
- Visit Past Projects: If possible, visit previously completed developments by the builder to assess quality firsthand and speak with current residents.
- Review Contract Details: Pay close attention to the contract terms related to project completion timelines, penalty clauses, and the builder's obligations to buyers.
- Check Online Reviews: Explore online reviews and forums to gather insights from other buyers about their experiences with the builder.
By following these tips, potential buyers can make informed decisions that safeguard their investments and reduce the risk of future disputes.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed against Xrbia Chakan Developers Private Limited, where the builder lost, revealed several key themes across the complaints raised by the allottees. The cases can be broadly categorized into two types: Misrepresentation and Refund Claims, and Jurisdictional Disputes Before MahaRERA.
The first type involves claims made by the allottees alleging that the builder misrepresented the properties, particularly concerning the premium view from the flats. Allottees sought refunds for the extra charges imposed for these views and requested a recalculation of the flat costs based on the actual carpet area. They argued that the builder's failure to deliver the promised view due to new constructions affected the value of their investment.
The second theme revolves around Jurisdictional Disputes before the Maharashtra Real Estate Regulatory Authority (MahaRERA). In these cases, the appellants contested the MahaRERA member's decision to transfer their complaints to the Adjudicating Officer, claiming that such actions were beyond the member's jurisdiction. The appellate tribunal consistently ruled in favor of the appellants, indicating a systemic issue with how cases were handled within MahaRERA.
Common reasons for bringing cases to court included refund requests due to misrepresentation and challenges to the authority's jurisdictional decisions. The builder’s litigation often stemmed from an inability to meet the expectations set during the sale process and from procedural mishandlings within MahaRERA.
The builder lost these cases primarily due to jurisdictional misunderstandings and a failure to substantiate their claims with adequate evidence. The tribunal's ruling on jurisdictional issues highlights a significant concern regarding the builder's adherence to legal standards and their participation in the regulatory process. Overall, these outcomes suggest a need for greater transparency and adherence to regulatory frameworks in the builder's dealings.
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 |
|---|---|---|---|---|---|---|---|
| AT005000000010548 | Maharashtra | The appeal is allowed, and the impugned order is … | ["Remand to MahaRER… | {"appellant_claim": "Not provided", "respondent_c… | Mr. Piyush Banarasi… | Xrbia Chakan Develo… | https://drive.google.com/uc?id=1bFGKN3oJOH9fCOWuvBSlVfWU4vrKuTG- |
| AT005000000052825 | Maharashtra | The allottee filed a complaint against the promot… | ["Misrepresentation… | {"appellant_claim": "The allottee claimed that th… | Mr. Piyush Banarasi… | Xrbia Chakan Develo… | https://drive.google.com/uc?id=1TMBqVmyEmOGm2mXutvZ9c6YDGKBW9mSR |
| AT006000000052962 | Maharashtra | The appellant challenged the order of the Maharas… | ["Jurisdiction of M… | {"appellant_claim": "The appellant claimed that t… | Ms. Rupinder Elavia | Xrbia Chakan Develo… | https://drive.google.com/uc?id=1i1zlEjrF8866CObc2foSlFwTN1lHa_3J |