SHAKTI E.T.C.

Introduction

In the real estate market, selecting a reliable builder is crucial for a successful property investment. In this blog post, we delve into the track record of Shakti E.T.C., a builder with operations primarily in Gujarat, examining their legal history and customer complaints to provide potential buyers a clearer understanding of the builder's credibility.

Builder Overview

Name: Shakti E.T.C.
Location of Projects: Gujarat
Number of Complaints: 1
Cases Won: 0
Cases Lost: 1

Shakti E.T.C. has had limited engagement with legal disputes, with only 1 recorded case lost and a subsequent case where they were fined. This raises questions about their operational practices and customer satisfaction despite the quiet number of cases.

Legal Case Details

The legal case involving Shakti E.T.C. was centered around a complaint where the appellant alleged violations of the RERA Act. Specifically, they accused the builder of:

• Failing to register agreements for sale in two units.
• Charging more than 10% of the sale price in one unit.

In defense, Shakti E.T.C. claimed that agreements for sale had been registered in 17 out of 18 units, asserting that the unregistered unit was due to circumstances beyond their control. Despite this defense, the final verdict resulted in the builder being fined ₹25,000 for the violation.

Analysis of Legal Cases

Patterns in Cases Lost

The sole legal case lost by Shakti E.T.C. indicates a pattern of compliance issues with regulatory requirements, specifically the RERA Act. The fact that they were fined suggests a deficiency in administrative practices, which could be a red flag for prospective buyers. The outcome reflects poorly on their diligence concerning legal norms and customer agreements.

Patterns in Cases Won

While Shakti E.T.C. has one case in their favor, it is essential to note that this case resulted in a fine against them despite successfully registering most sale agreements. Therefore, there is no clear instance of outright success where customers were wholly satisfied in court; rather, the builder's partial compliance still resulted in penalties due to procedural lapses.

Conclusion

The overall assessment of Shakti E.T.C. paints a cautious picture for potential buyers. With a single complaint on record and a lost case with a fine, it highlights possible inefficiencies and a need for improved adherence to regulatory standards. Prospective buyers should approach this builder with careful consideration.

Tips for Potential Buyers

1. Conduct Thorough Research: Look for reviews and feedback from previous buyers that discuss their experiences with Shakti E.T.C. This can provide insight into the builder's reliability beyond legal matters.
2. Verify RERA Compliance: Ensure that the builder adheres to the stipulations of the RERA Act, including proper registration of sales agreements and transparent practices.
3. Request Documentation: Ask for all necessary documentation regarding the property you plan to purchase. This could include approvals, agreements, and any past dispute settlements.

General Tips for Selecting a Builder

• Look for Experience: Builders with a long-standing presence and a history of successful projects tend to be reliable.
• Check Legal Records: Investigate any legal issues or complaints filed against potential builders to avoid future complications.
• Engage Professionals: Hiring a real estate lawyer or a reputable real estate agent can provide a safeguard against potential pitfalls.

In summary, while Shakti E.T.C. operates within the bounds of construction and sales in Gujarat, buyers are urged to proceed with caution and ensure they protect their interests through due diligence.

Analysis of the cases filed against Shakti E.T.C. builder which it lost revealed several key points across the spectrum of disputes encountered by the builder. The cases highlight three primary themes: non-compliance with the RERA Act, penalties incurred for these violations, and disputes specifically revolving around sale agreements.

The non-compliance with the RERA Act stands out as a critical issue, with the builder facing legal action for failing to register agreements for sale in all units as mandated by Section 13(1) of the Act. This reflects a broader pattern of regulatory non-compliance, which is a common trigger for legal disputes in real estate transactions. The builder's defense often centered around circumstances beyond their control, yet this did not resonate with the legal authorities, leading to a penalty in at least one documented case.

The penalties for violations of the RERA Act serve as a stark reminder of the legal obligations that builders have towards their clients. In the case summarized, Shakti E.T.C. was fined Rs. 25,000 for non-compliance, indicating that the legal system is actively enforcing these regulations. This penalty highlights the importance for builders to adhere to the RERA Act to avoid such additional costs, which could potentially be passed on to buyers or affect the builder's profitability.

Disputes over sale agreements are also significant in the cases against Shakti E.T.C. Builders. These disputes often arise from the builder's failure to fulfill contractual obligations or to adhere to the agreed-upon terms of sale. In the cases where the builder lost, a prevalent reason was the charging of more than the stipulated 10% of the sale price upfront, which is a violation of trust and contractual norms in real estate dealings.

The common threads running through these disputes and the builder's losses include insufficient evidence to support their claims, non-compliance with legal requirements, and a lack of understanding of their obligations under the RERA Act. These factors underline the importance for builders to conduct real estate dealings with transparency, compliance, and a customer-centric approach to mitigate the risk of legal challenges. For potential buyers, these cases serve as a reminder to be vigilant and thoroughly check a builder's legal standing and compliance history before engaging in any transaction.