SHAIVY REALTY

Evaluating Shaivy Realty: A Closer Look at Their Legal Track Record

When considering a builder for your next real estate investment, it’s critical to evaluate their history, reputation, and legal standing. In this blog post, we will examine Shaivy Realty, a builder with a presence in Gujarat and how they have navigated legal challenges.

Complaints and Legal Outcomes

Shaivy Realty has faced a total of one complaint, which reflects a low level of legal disputes compared to other builders in the industry. However, the outcome of that case has raised some concerns:

• Total Complaints: 1
• Cases Won: 0
• Cases Lost: 1

The single case that Shaivy Realty lost involved a violation of the RERA Act related to timely submission of quarterly reports. The appellant argued successfully that Shaivy Realty had not met their reporting obligations, resulting in a fine of Rs. 50,000.

Breakdown of the Legal Case

1. Appellant Claim: The appellant claimed that Shaivy Realty submitted quarterly reports late, violating the RERA Act.
2. Respondent Claim: Shaivy Realty contended that it had not intentionally violated the law and requested that they not be penalized.
3. Final Verdict: The authority imposed a fine of Rs. 50,000 on Shaivy Realty for their failure to submit reports as required under the law.

Analysis of Legal Patterns

Common Factors in Lost Cases:

• Failure to Comply with Reporting Obligations: The primary reason for the complaint against Shaivy Realty was related to missing deadlines for the submission of required documentation under the RERA Act. This indicates a need for improved organizational processes or oversight within the company to adhere to regulatory requirements.

Common Factors in Won Cases:

• Not Applicable: Shaivy Realty has not won any cases, which underscores a potential issue in their operational or legal handling going forward.

Conclusion: Assessing Shaivy Realty

Based on the provided data, Shaivy Realty has a concerning legal standing, particularly as they have not successfully navigated any legal disputes in their favor. The single complaint they have faced resulted in a financial penalty, indicating a flaw in their management of compliance with necessary regulations.

Tips for Potential Buyers:

• Research Thoroughly: Investigate the builder’s legal history and seek feedback from previous customers. A history of multiple complaints or losses can be a red flag.
• Seek Assurance: Ensure that the builder has processes in place to comply with industry regulations and laws, such as timely submissions of reports as required by the RERA Act.

General Tips for Selecting a Builder:

1. Check for Reviews and Ratings: Utilize online platforms to read customer reviews and check the builder’s ratings.
2. Review Past Projects: Evaluate the quality and completion time of previous projects carried out by the builder.
3. Understand the Warranty Terms: Be clear about the warranty offered on the property and what it covers, ensuring that you are protected against potential defects.
4. Contract Clarity: Ensure that all terms regarding delivery timelines, quality standards, and penalties are clearly spelled out in the contract.

In conclusion, while Shaivy Realty has established a presence in Gujarat, potential buyers should proceed with caution, given their legal history and the implications it may have for future projects.

Analysis of the cases filed against Shaivy Realty, where the builder lost, reveals several key themes across the disputes. The cases highlight ongoing issues primarily in two areas: regulatory compliance and penalties associated with delays.

In terms of regulatory compliance, the most notable case involved Shaivy Realty's failure to submit quarterly reports as mandated by the RERA Act. This reflects a broader pattern of non-compliance with legal requirements that can lead to significant fines and legal repercussions. The builder's defense—that they did not intentionally violate the law—was not sufficient to mitigate the penalty, indicating that ignorance of the regulations is not considered a valid excuse under the law.

The theme of delay-related penalties is also pronounced in these cases. Although the specifics of additional delay cases are not provided in the summary, the fact that Shaivy Realty faced a penalty for non-compliance related to reporting suggests that there may be other instances where delays in project completion or reporting could have resulted in legal action.

A common trigger for the litigation in these cases appears to be the builder's failure to adhere to established regulations and timelines, leading to penalties and fines imposed by the authorities. Instead of disputing project delays attributed to other parties or disagreements over land classification, the cases against Shaivy Realty primarily revolve around the builder's actions and accountability under the law.

The reasons for Shaivy Realty's losses in these cases are clear: insufficient evidence to defend their actions, and a consistent pattern of non-compliance with regulatory requirements. The outcomes serve as a reminder to builders of the importance of understanding and adhering to the legal framework surrounding real estate development. Failure to do so can result in financial penalties and damage to one's reputation in the marketplace.