CUBATIC SHIMUL VENTURES PRIVATE LIMITED

Introduction

Cubatic Shimul Ventures Private Limited is a builder operating primarily in Karnataka, with a mixed record in legal conflicts pertaining to their construction projects. Understanding their performance, especially in terms of legal disputes, can give potential buyers valuable insights into their reliability and business practices.

Legal Case Analysis

Cubatic Shimul Ventures Private Limited has faced a total of 7 legal complaints. While they have won 2 of those cases, they have lost 5, suggesting a predominantly unfavorable outcome in legal matters.

Lost Cases

The builder's losses stem from two distinct cases:

1. Delay in Possession: In one instance, the plaintiff claimed that the builder delayed possession of their apartment. The builder's defense relied on claiming that the complaint was formally defective, which ultimately led to the withdrawal of the complaint.
2. Agreement Non-Compliance: In another case, the complaint was about failure to provide a flat as per the agreement. However, the plaintiff's details were incorrect, leading the authority to dismiss the case due to deficiencies in the filing.

Common Patterns in Lost Cases:

• Technicalities in Complaints: Notably, both cases lost by the builder were dismissed either due to formal defects in the complaint or incorrect details provided by plaintiffs. This may suggest that the builder operates within a legal framework that occasionally exposes buyers to complexities surrounding their complaints.
• Possession Delays: A critical aspect of complaints against the builder revolves around delays in possession, a significant contributor to the disputes.

Won Cases

On the brighter side, Cubatic Shimul Ventures won 5 cases, typically involving claims similar to those lost:

1. Possession Delays: Multiple plaintiffs brought forward claims regarding delays in the possession of their flats. In each of these instances, the builder defended their position citing unforeseen circumstances that justified extensions.
2. Compensation for Delays: In victories, the builder was ordered to pay interest on the amounts paid by buyers due to these delays, emphasizing that while they did not lose the cases, they were still held accountable financially.

Common Patterns in Won Cases:

• Acknowledgment of Delays by Authorities: The authority has recognized the builder's claims of unforeseen circumstances leading to project delays; however, they also imposed financial responsibilities on the builder, reinforcing buyer rights.
• Failure to Contest: In some successful cases, the builder did not contest the complaint, leading to automatic rulings in favor of the plaintiffs, thus allowing the authority to impose penalties against the builder for delays.

Conclusion

Based on the provided data, Cubatic Shimul Ventures Private Limited exhibits a mixed performance trend in managing legal disputes. With 5 lost cases compared to 2 wins, potential buyers should tread carefully. The builder’s tendency to face complaints related to delays in possession is a cause for concern, even though they have managed to win some cases effectively.

Tips for Potential Buyers

1. Research Thoroughly: Understand the builder’s track record not just from their outcomes, but also consider reviews from previous buyers and any historical complaints related to delays.
2. Document Everything: Maintain meticulous records of all agreements, timelines, and communications with the builder. Documentation provides essential support in case of disputes.
3. Examine the Contract: Pay close attention to the clauses around possession dates and penalties for delays. Ensure there are adequate protections in place.
4. Seek Professional Advice: If uncertain, consider engaging legal expertise to review agreements and advise on potential red flags before making a decision.

General Tips for Selecting Any Builder

• Verify Credentials: Always check the builder's registration details, past projects, and any legal issues they may have faced.
• Look for Transparency: A reliable builder should be open about their processes, timelines, and any potential issues.
• Understand the Financial Structure: Assess payment schedules and ensure you’re clear about what you’re committed to before proceeding.
• Visit Ongoing Projects: If possible, visit current or completed projects by the builder to gauge the construction quality and adherence to timelines.

In summary, while Cubatic Shimul Ventures has demonstrated some ability to manage disputes legally, caution is warranted when considering investment in their projects.

An analysis of the cases filed against the builder, Cubatic Shimul Ventures Private Limited, which the builder won, revealed the following information. The cases can be grouped under two primary themes: 'Delayed Possession Claims' and 'Non-compliance with Agreement'.

In the first theme, buyers alleged that there were significant delays in the possession of their apartments. In both summarized cases, the builder successfully countered these claims, largely due to procedural issues on the part of the plaintiffs. The second theme encompasses claims regarding deviations from the agreements made at the time of purchase. Here too, the builder defended itself by pointing out inaccuracies in the complaint details submitted by the appellants.

The reasons for these cases brought to court include contestation of penalties related to delays, claims about their apartments not being delivered as promised, and general disagreements over documentary claims made by the opposing parties. A noticeable pattern indicates that many complaints were either withdrawn or dismissed due to issues related to the details or formal grounds of the filings, suggesting potential misunderstandings from buyers regarding their rights and the builder's obligations.

Moreover, the common reasons that led to the builder's success in these cases include insufficient evidence presented by the opposing parties, non-compliance with legal filing procedures, and misunderstandings regarding the specifics of their agreements. This effectively highlights how Cubatic Shimul Ventures Private Limited managed to shield itself from accusations that lacked proper backing or were exaggerated. Thus, the builder appears to have a commendable record in defending itself against such claims, reinforcing the notion that buyers sometimes may file complaints without thoroughly understanding the legal implications or their responsibilities.

This analysis illumines the builder's reputation as one that, while facing accusations, has demonstrated an ability to navigate legal challenges effectively. It draws attention to the importance of due diligence for potential buyers in the real estate sector. It’s crucial to approach any claim cautiously and arm oneself with reliable information before making judgments about a builder's integrity. In a field where miscommunications and misunderstandings can lead to legal turmoil, Cubatic Shimul Ventures Private Limited stands out for its ability to counter unsupported claims, showcasing the importance of informed decision-making in real estate.