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SANKALP DEVELOPERS

  • No of Complaints: 11
  • States (Active in): Gujarat, Rajasthan
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Introduction

Navigating the real estate market can be daunting, especially when it comes to selecting a reliable builder. This post provides an analysis of Sankalp Developers, a builder with projects in Rajasthan and Gujarat. We delve into the legal challenges the company has faced, including both cases they have won and lost, to paint a clearer picture for potential buyers.


Overview of Legal Cases Against Sankalp Developers

Sankalp Developers has faced a total of 11 complaints. Among these, they lost 9 cases and won only 2. Such a record raises questions regarding the builder's practices and reputation.

Cases Lost by Sankalp Developers

The two cases where Sankalp Developers suffered losses present several common themes:

  1. Lack of Documentation: One case was dismissed in default due to the builder's failure to provide necessary documentation.
  2. Withdrawal After Settlement: The second case was dismissed post an amicable settlement, indicating that disputes may not always be resolved through a formal judgement.

These patterns suggest that issues related to inadequate paperwork and potential mismanagement might be prevalent within the company's projects.


Cases Won by Sankalp Developers

In stark contrast, the 2 cases won by Sankalp Developers reveal some persistent issues, notably:

  1. Delayed Documentation: In several instances, the builder faced allegations of failing to submit necessary final reports on time, specifically regarding the 'Velani Complex'. The builder was ultimately able to defend itself but was penalized financially.
  2. Registration Issues: Multiple cases involved allegations of suppression of material facts to avoid project registration under the Real Estate (Regulation and Development) Act, 2016. Despite these allegations, the builder received orders to meet regulatory requirements and comply with past orders.
  3. Financial Penalties: The builder was subject to various penalties for advertising projects before registering them and failing to register projects on time.

This suggests a concerning pattern of regulatory compliance challenges that potential buyers should consider carefully.


Assessment of Sankalp Developers

Considering the data, Sankalp Developers presents a mixed image:

  • Strengths: The builder has managed to win a significant number of cases, demonstrating some level of capability in navigating legal challenges.
  • Weaknesses: However, the high number of lost cases and the nature of the complaints point to serious concerns regarding the management of documentation and regulatory compliance.

Potential buyers should tread carefully, as a builder's legal track record can indicate future risks.


Tips for Potential Buyers Considering Sankalp Developers

  1. Do Your Research: Look into consumer reviews and feedback regarding Sankalp Developers’ projects in Rajasthan and Gujarat.
  2. Request Documentation: Before purchasing, inquire about all necessary documentation and ensure it is in order.
  3. Be Aware of Regulatory Compliance: Ensure that the projects you are interested in are fully compliant with the Real Estate Regulatory Authority (RERA) requirements.

General Tips for Selecting Any Builder

  1. Check the Legal History: Investigate any legal cases filed against the builder. A history of litigation may indicate potential issues with quality or compliance.
  2. Review Past Projects: Examine the builder’s completed projects to assess quality, design, and customer satisfaction.
  3. Understand Local Regulations: Familiarize yourself with local real estate regulations to safeguard your investment.

Conclusion

While Sankalp Developers may offer enticing real estate options, potential buyers should proceed with caution, given the builder's legal record. Awareness of common issues faced by this builder can help you make informed decisions and avoid pitfalls in your property-buying journey.

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Failure to Submit Reports and Comply with RERA Project Registration Delays and Disputes Penalties for Non-Compliance and Misrepresentation Suppressed Material Facts and Dual Phasing of Projects

Analysis of the cases filed against Sankalp Developers, where the builder lost, reveals significant insights into their operational practices and compliance with real estate regulations. The cases highlight recurring themes surrounding project management, transparency, and adherence to the Real Estate (Regulation and Development) Act, 2016 (RERA).

The first type of cases revolve around Failure to Submit Reports and Comply with RERA. In one instance, the builder was penalized for not submitting the final project report for 'Velani Complex' on time. They attributed the delay to a lack of cooperation from members in forming a registered society, which indicates a fundamental breakdown in communication and operational practices. This theme underscores the importance of timely reporting and compliance in the real estate sector.

Project Registration Delays and Disputes constitute another category of cases against Sankalp Developers. The builder faced scrutiny for not registering projects as required by RERA. For example, they registered only half of a property project, which led to a decision mandating the registration of the remaining half. This highlights a troubling pattern of partial compliance with regulatory requirements, which could suggest an attempt to evade the full scope of responsibilities under the law.

The builder was also hit with Penalties for Non-Compliance and Misrepresentation. In several cases, Sankalp Developers was fined for advertising projects before they were registered with the appropriate authorities. This raises concerns about their marketing practices and the potential for misleading prospective buyers.

Additionally, there were recurring cases involving Suppressed Material Facts and Dual Phasing of Projects. The builder was accused of suppressing information to avoid registering projects fully. They claimed that projects were registered in two phases, citing the receipt of completion certificates before the RERA implementation date. However, the consistent failure to comply with registration requirements, as reiterated by the Authority's directions, indicates a systemic issue with transparency and compliance at Sankalp Developers.

Common triggers for litigation in these cases include contesting penalties, disputing project delays, and disagreements over project registration and classification. People brought cases to court largely due to the builder's failure to meet regulatory standards and fulfill their commitments.

The reasons Sankalp Developers lost these cases primarily revolve around insufficient evidence to support their claims, non-compliance with RERA, and a failure to follow interim directions from authorities. The repeated penalties and orders to comply highlight a significant gap in their understanding of and adherence to real estate regulations, underscoring the importance of thorough legal compliance in 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
F.5(482)/2018 Rajasthan The respondent promoter was directed to register … ["Real Estate", "Pr… {"appellant_claim": "", "respondent_claim": "", "… Sankalp Developers https://rera.rajasthan.gov.in/Content/pdf/4451Suo Moto VS Sankalp.pdf
F.15(121)/2020 Rajasthan The respondent, Sankalp Developers, was issued a … ["Unregistered Proj… {"appellant_claim": "", "respondent_claim": "", "… Sankalp Developers https://rera.rajasthan.gov.in/Content/pdf/4507F.15(121) Suo Moto Vs Sankalp Developers.pdf
RAJ RERA-C-2020-3886 Rajasthan The complainants alleged that the respondent supp… ["Project Registrat… {"appellant_claim": "The complainants alleged tha… Vikas Kumar Kashliw… Sankalp Developers https://rera.rajasthan.gov.in/Content/pdf/30222020-3886.pdf
GJ/CMP/NCQR/Gandhin… Gujarat The promoter, Sankalp Developers, failed to submi… ["Non-submission of… {"appellant_claim": "The appellant claimed that t… Gujarat Real Estate… Sankalp Developers https://drive.google.com/uc?id=1inrBNRlaTCix72_UnJG_TAzvQEOfhMuv
Complaint Dismissals Amicable Settlements Withdrawal of Claims

An analysis of the cases filed against the builder, Sankalp Developers, which the builder won, revealed the following insights.

The cases can be grouped under common themes such as Complaint Dismissals, Amicable Settlements, and Withdrawal of Claims. The first group, Complaint Dismissals, typically involved instances where complaints were dismissed in default due to a lack of supporting documents or unverified withdrawal requests. The second theme revolves around amicable settlements, where parties opted for resolution outside the courtroom, leading to the withdrawal of claims.

These cases were primarily brought to court due to various reasons. Buyers or opposing parties often contested claims related to penalties, project delays, or disputes regarding land classification. The summaries suggest that many disputes arise from misunderstandings or miscommunications, leading some buyers to feel wronged, thus taking their grievances to court.

The common reasons for the builder’s victory in these cases include insufficient evidence presented by the opposing party and instances where claims were withdrawn or settled amicably. This highlights the challenges faced by those making allegations, often reflecting either exaggerated claims or a lack of understanding of legal processes and requirements. The builder effectively defended itself while highlighting procedural miss-steps by the opposing parties.

This analysis indicates that Sankalp Developers holds a respectable reputation in the real estate market. It serves as evidence that buyers sometimes make accusations that lack sufficient legal grounding, resulting in needless legal battles. The builder’s steadfast defense against unjust claims positions it as a reliable entity within an industry often fraught with disputes.

To potential buyers, the key takeaway here is the importance of making informed decisions. While legitimate disputes do exist in real estate transactions, the experiences of Sankalp Developers underscore the significance of distinguishing between valid grievances and unfounded claims. Buyers are encouraged to approach allegations with a discerning eye, seeking reliable information before forming opinions about a builder’s character or reliability.

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
RAJ RERA-C-2020-3888 Rajasthan Complainant Pratima Singh Chauhan withdrew the co… ["Amicable settleme… {"appellant_claim": "Not provided", "respondent_c… Pratima Singh Chauh… Sankalp developers https://rera.rajasthan.gov.in/Content/pdf/90652020-3888.pdf
RAJ RERA-C-2020-3757 Rajasthan Complaint dismissed in default due to lack of doc… ["Complaint Dismiss… {"appellant_claim": "Not provided", "respondent_c… Residents Suparshwa… Sankalp Developers https://rera.rajasthan.gov.in/Content/pdf/59542020-3757.pdf

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