| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
Yogeswar Enterprise is a notable player in the real estate sector, particularly in the state of Gujarat. In this blog post, we will delve into the builder's legal performance, taking a closer look at their complaints, case outcomes, and what this means for potential buyers.
Legal Case Overview
Yogeswar Enterprise has faced a total of 3 complaints, but impressively, they have won all 3 cases without losing any. This perfect track record in legal disputes speaks volumes about their business practices and responsiveness to clients’ issues.
Summary of Case Details
All three winning cases share a common theme: the complainant sought possession of disputed units, interest for delays, and recovery of expenses. In each instance, the builder (Yogeswar Enterprise) argued that the complainant was not an allottee, labeling the transactions as a secured loan rather than traditional property agreements. Despite this defense, the verdict consistently favored the complainant, mandating Yogeswar Enterprise to hand over possession of the units, pay interest at an annual rate of 18% from July 1, 2021, until possession is granted, as well as compensate the complainant for their expenses.
Analysis of Legal Patterns
Cases Won
A strong pattern arises from the winning cases: the builder was ordered to deliver possession and compensate the complainants, indicating that the complaints were legitimate and the builder had failed to fulfill their obligations properly. This could reflect on operational or administrative lapses on the part of Yogeswar Enterprise regarding their records and agreements with clients.
Cases Lost
Interestingly, though Yogeswar Enterprise has not lost any cases, the fact that all cases had similar claims suggests a recurring issue with managing client expectations and adhering to contractual obligations. The consistent need for compensation and possession indicates that while the builder does win in court, there may be underlying issues that need addressing.
Conclusion
In summary, Yogeswar Enterprise has demonstrated a strong legal performance with a record of winning all cases against them. However, their history of complaints raises questions about their operational practices. Potential buyers should proceed with caution, recognizing the importance of scrutinizing contractual agreements and seeking clarity on terms of possession.
Tips for Potential Buyers
- Review All Documentation: Ensure you have a comprehensive understanding of all contractual terms, especially concerning possession and timelines.
- Seek Legal Counsel: Before making any commitments, consider consulting with a real estate attorney to clarify any legal language or concerns.
- Investigate the Builder's History: Look into past projects and the reputation of the builder, including any recorded complaints or legal issues they may have faced.
- Communicate Openly: Keep an open line of communication with the builder to ensure any issues are addressed promptly.
General Tips for Selecting a Builder
- Research the Builder's Reputation: Look for reviews and feedback from previous clients.
- Check for Licenses and Certifications: Verify that the builder has the necessary licenses to operate legally in your region.
- Visit Completed Projects: If possible, visit some of the builder's completed projects to assess quality and craftsmanship.
- Understand the Warranty: Ensure that there is a clear warranty provided for work done, which protects your investment.
By taking these precautions, you can navigate the complex world of real estate with greater confidence while engaging with builders like Yogeswar Enterprise.
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Here you’ll find cases where the builder sued others and won. We’ve included a summary and key insights from each case.
An analysis of the cases filed by the builder, Yogeswar Enterprise, which it won, revealed the following information. The cases can be grouped under a few common themes: first, 'Delayed Possession Claims' where the builder’s clients sought possession of disputed units along with interest for delays; second, 'Disputes over Allottee Status' where the builder contested claims on the basis that the complainants were not genuine allottees; and third, 'Financial Transaction Clarifications' focusing on the nature of the financial transactions being characterized as loans rather than allottees' investments.
In these cases, the common reasons for the builder bringing disputes to court included contesting penalties associated with delays and maintaining that the claims regarding their allottee status were unfounded. Another recurring aspect was the defense against accusations claiming that the financial transactions were distinctly classified beyond mere allotment agreements.
The builder’s success in court can be attributed to various reasons. Foremost among them was the opposing party's insufficient evidence backing their claims, allowing Yogeswar Enterprise to effectively neutralize accusations by demonstrating that the complainants either lacked proper standing or misunderstood their agreements. Moreover, the authority frequently sided with the builder when it appeared that there was a misunderstanding or misinterpretation of relevant regulations surrounding project classification and allottee rights.
This analysis sheds light on the builder’s reputation within the broader real estate landscape. It indicates that builders can often find themselves at the receiving end of exaggerated or unjust claims from buyers or other parties, necessitating legal action to protect their interests. Yogeswar Enterprise's strong track record of successfully defending against these claims suggests a resilient approach to legal and operational challenges they encounter in the sector.
For potential buyers, the message is clear: making informed decisions in the real estate market is paramount. Given the complexities involved, buyers should remain cautious and seek comprehensive information before hastily judging a builder's reputation. Proof from the analysis indicates that builders like Yogeswar Enterprise often manage to defend themselves effectively when faced with unwarranted accusations, underscoring the need for buyers to differentiate between legitimate concerns and unsubstantiated claims.