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YES & YES PREMIER HI-TECH HOMES INDIA PRIVATE LIMITED

  • No of Complaints: 6
  • States (Active in): Tamil Nadu
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Introduction

In today's real estate landscape, choosing the right builder can be a daunting task. Yes & Yes Premier Hi-tech Homes India Private Limited, with its operations primarily in Tamil Nadu, has faced some challenges and successes in the legal arena. This article aims to dissect the builder's track record regarding customer complaints and legal cases, providing prospective buyers with valuable insights.

Company Overview

Yes & Yes Premier Hi-tech Homes India Private Limited operates in the state of Tamil Nadu and boasts a portfolio of residential projects. Despite a commitment to quality construction, the builder has registered six complaints against it, split evenly between wins and losses in legal cases. Understanding the nature of these cases can assist potential customers in making informed decisions.

Legal Case Details

Breakdown of Cases

  • Total Complaints Registered: 6
  • Cases Won: 3
  • Cases Lost: 3

Cases Lost

The builder faced three instances where they were unable to adequately defend against claims related to unmet promises regarding amenities. All cases centered on the allegation that the builder failed to deliver some essential features as advertised in promotional materials and agreements. Notably, the Tribunal upheld the orders from the Tamil Nadu Real Estate Regulatory Authority (TNRERA) in both appeals submitted by the builder, highlighting a significant legal trend:

  1. Common Theme: The theme across the cases lost reveals that many complaints stem from unmet obligations regarding amenities like children's areas, gyms, and community facilities.
  2. Consistency in Appeals: The builder repeatedly faced similar claims in its losses, indicating a pattern where customer expectations were not aligned with the completed offerings of the development.

Cases Won

On a more positive note, Yes & Yes Premier Hi-tech Homes had one case decided in their favor. In this instance, the builder defended their position by asserting that the project was completed before the RERA Act was enacted and argued that the complainant had not fulfilled their payment commitments. The ruling underscored:

  1. Builder's Justification: The Tribunal mandated the builder to complete the promised amenities without additional charges, establishing precedence that any lack of delivery is taken very seriously.
  2. Advantage of Timely Completion: The successful resolution of this case suggests that when the builder adheres to timelines and agreements, they can secure favorable outcomes in disputes.

Overall Assessment

Yes & Yes Premier Hi-tech Homes India Private Limited demonstrates a mixed record in customer disputes, with equal measures of wins and losses. The lost cases predominantly deal with unmet amenity expectations, indicating potential gaps in communication and delivery. In contrast, the single victory emphasizes the importance of project completion timelines in legal determinations. For potential buyers, this mixed track record should provoke caution and a thorough review of all terms and conditions in agreements made with this builder.

Tips for Potential Buyers

  • Research Thoroughly: Dive deep into customer reviews and legal cases associated with the builder before making a commitment. Familiarity with past complaints can provide crucial knowledge.
  • Clarify Amenities: Demand clarity regarding the amenities that are promised in sales brochures and contracts. Ensure these are explicitly listed to avoid misunderstandings in the future.
  • Payment Structures: Understand the payment requirements and make sure that the builder upholds their end of the bargain regarding amenities.

General Tips for Selecting a Builder

  1. Check Reputation: Investigate the builder's history and reputation in the community. Online forums and local real estate agents can be beneficial.
  2. Look for Transparency: Opt for builders who are open about their construction processes, timelines, and any potential risks.
  3. Visit Completed Projects: Seeing finished properties can give you an idea of the quality and consistency of the builder's work.
  4. Understand the Warranty: Clearly understand the warranty and after-sales service provided.
  5. Legal Contracts: Always engage legal counsel when signing contracts, ensuring that all terms are favorable and clear.

Conclusion

Choosing a builder like Yes & Yes Premier Hi-tech Homes India Private Limited requires due diligence and awareness of past legal outcomes. While some buyers may find success, the builder's history of complaints suggests a cautious approach is warranted. By following the outlined tips, potential homebuyers can embark on their real estate journey well-informed and prepared.

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Failure to Deliver Promised Amenities Disputes Over Payment for Facilities Completion Date and Compliance with RERA Act

Analysis of the cases filed against Yes & Yes Premier Hi-tech Homes India Private Limited, where the builder lost, revealed several key themes and patterns. The primary disputes revolve around the builder's failure to deliver promised amenities, disputes over payment for these facilities, and the builder's compliance with the RERA Act, particularly in relation to the completion date of the project.

The cases often involve the builder's inability or unwillingness to provide various amenities which were showcased in the brochure and construction agreement. Common examples include children's play areas, roof gardens, modern gyms, community halls, and compound walls. The complainants allege that these essential facilities were never completed or provided, leading to significant dissatisfaction among the buyers.

A frequent reason for the disputes is the builder's claim that the project was completed before the RERA Act came into force. The builder would often argue that the complainants had not paid the requisite dues for the promised facilities, which led to a stalemate where the builder refused to invest further in completing the amenities. However, the legal verdicts consistently direct the builder to fulfill their commitments without demanding additional payment, emphasizing the importance of adhering to initial agreements.

The patterns emerging from these cases highlight ongoing issues in real estate transactions, particularly in the realm of promised versus delivered amenities. Buyers commonly express frustration when developers fail to meet their obligations, which reflects a broader trend of mistrust in the real estate market. The builder’s repeated losses in court signal a failure to understand or comply with regulatory requirements, leading to legal consequences that could have been avoided with transparency and adherence to agreements.

Ultimately, the builder's losses stem from insufficient evidence to support their claims, non-compliance with the RERA Act, and a lack of commitment to fulfilling their promises. Buyers are urged to conduct thorough research, carefully review agreements, and consider legal recourse when developers do not deliver as promised. Understanding these themes is crucial for making informed decisions in the real estate market and for promoting accountability among builders.

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
C.No.135/2021 Tamil Nadu The complainant, Rhythm Resident Flat Owners Welf… ["Real Estate", "Un… {"appellant_claim": "The complainant alleged that… Rhythm Resident Fla… Yes & Yes Premier H… https://rera.tn.gov.in/cms/tnrera_judgements/2021/135-2021.pdf
Disputes over Promised Amenities Compliance with Contractual Obligations Litigation over Unfulfilled Brochure Promises

The analysis of the cases filed by the builder Yes & Yes Premier Hi-tech Homes India Private Limited, which it lost, reveals significant insights into their recurring disputes regarding project execution and compliance with contractual promises.

Disputes over Promised Amenities

A primary theme in these cases revolves around disagreements over the amenities that were to be provided to homeowners. The builder claimed that certain amenities were contested by the respondents, who argued that all basic necessities were met as per the agreement. However, the unresolved discussions over the fulfillment of promises indicated a disconnect between the builder’s expectations and the actual delivery.

Compliance with Contractual Obligations

The cases also highlighted issues tied to the compliance with the Memorandum of Agreement. The litigation arose predominantly from claims that the builder failed to deliver amenities as stated in promotional materials. This suggests a pressing need for builders to ensure that their marketing materials precisely reflect the final outcomes of their projects.

Litigation over Unfulfilled Brochure Promises

Many cases encountered disputes where the buyers felt misled by the information supplied in brochures presented by the builder. This reflects several customers’ discontent with the perceived inadequacies in the final construction compared to what was promised initially. The reliance on brochure promises without adequate follow-through exposes the builder to legitimate grievances from clients.

Throughout these cases, a pattern emerges regarding why the builder frequently sought legal recourse. Common reasons included contesting claims of unfulfilled promises or asserting that clients were misinformed about their entitlements under the agreements. However, these litigations often stemmed from misunderstandings or miscommunications that could have been resolved in more amicable ways, highlighting potential areas for improvement in project management and customer relations.

The commonalities in why the builder ultimately lost these cases were impressive. Issue of insufficient evidence was prevalent, with the tribunal often concluding that the proof provided did not sufficiently support the builder's claims regarding the fulfillment of contractual obligations. Additionally, instances of non-compliance with legal requirements played a crucial role in the outcomes. It appears there was a fundamental misunderstanding of the terms set forth in agreements and promotional materials, leading to litigation scenarios that could have been avoided.

In conclusion, these case summaries act as a reminder that effective communication, adherence to promises, and meticulous compliance with all contractual obligations are essential for builders to sustain positive relationships with clients and avoid recurring legal challenges. Buyers are advised to thoroughly review all legal documentation and promote a consistent flow of communication with builders to ensure that expectations are aligned throughout the buying process.

This dictionary encapsulates the key themes emerging from the analysis of the cases and provides a deeply analytical summary designed for easy reading.

Claims over Promised Amenities Disputes about Basic Amenities Provision Performance vs. Expectations in Agreements

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

The primary disputes revolve around claims over promised amenities, specifically concerning the failure to provide certain amenities as outlined in the brochure and the Memorandum of Agreement. In all reviewed cases, the opposing parties contended that Yes & Yes Premier Hi-tech Homes India Private Limited had not fulfilled their contractual obligations regarding these amenities. However, the builder successfully defended itself by establishing that all basic amenities, as stipulated in their agreements, had indeed been provided.

The cases brought to court highlighted buyers' challenges related to perceived shortcomings in promised amenities, reflecting a mismatch between buyer expectations and project execution. Patterns emerged indicating that it was not uncommon for buyers to escalate disputes when they felt that their expectations, as verbally communicated or in published materials, were not met—despite the builder maintaining compliance with contractual agreements.

In each instance where the builder was victorious, key reasons included the insufficiency of evidence provided by the opposing parties, indicating a common trend of claims that lacked substantiation. Additionally, the builder's ability to demonstrate that they had adhered to legal obligations and provided the essential amenities as contracted was compelling. The rulings suggest that buyers might sometimes misinterpret the documentation or have exaggerated expectations that led them to assume negligence or non-compliance on the part of the builder.

These conclusions about Yes & Yes Premier Hi-tech Homes India Private Limited's capacity to successfully navigate litigation against unjust claims contribute positively to their reputation. The real estate sector can sometimes see buyers lodging complaints that lack merit, leading to complex legal battles. The builder's track record demonstrates that they are capable of defending against such challenges effectively. This information underscores the necessity for potential buyers to approach claims against builders with scrutiny, understanding that not all allegations are substantiated. It’s critical for buyers to gather thorough information and evaluate claims carefully before forming opinions on a builder's reputation. While there may be genuine disputes in the real estate market, the ability of builders like Yes & Yes Premier Hi-tech Homes India Private Limited to resolve these issues highlights their robust position within the industry.

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
A.No.16 of 2022 and… Tamil Nadu The appeals were filed against the order passed b… ["Real Estate", "TN… {"appellant_claim": "The appellants claimed that … A.K.Balasubramanian Yes & Yes Premier H… https://drive.google.com/uc?id=1UwKBVNZOqpCwiZjjoJtrX46kfDqSUm7j

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