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In the competitive world of real estate, a builder's reputation is crafted not just through successful projects but also through their dealings in the court of law. Shankheshwar Developers, a real estate company operating in the states of Rajasthan and Madhya Pradesh, has come under scrutiny due to a considerable number of legal complaints against them. This blog delves deeper into their legal track record, identifying patterns in their cases and providing insights for potential buyers.
Shankheshwar Developers has faced a total of 30 complaints, the overwhelming majority of which have resulted in unfavorable outcomes for the company. Specifically, they have won 1 case while losing 29 cases. This significant disparity certainly raises red flags for prospective clients and investors alike.
In the one case that the builder lost, the final verdict ruled in favor of the appellant, indicating that they had failed to provide pending Quick Property Reports (QPRs). This suggests a possible issue with transparency and operational efficiency on the part of Shankheshwar Developers. The lack of compliance with expected legal requirements paints a concerning picture for the company's adherence to standards that homeowners expect when dealing with real estate transactions.
Despite the builder's alarming loss record, they have experienced success in 29 cases where the parties involved claimed the builder failed to provide possession of plots despite payment. Key aspects emerging from these cases include:
While the verdicts generally favored the applicants, it showcases a pattern where the company repeatedly faced allegations of not fulfilling their commitments.
Shankheshwar Developers’ litigation history is marked by a concerning pattern of complaints and adverse court rulings. The extremely low win rate—just 3%—and the high number of cases lost indicates potential systemic issues within their operations and project execution. Additionally, the liability to complete obligations after receiving payments speaks to a lack of trustworthiness that buyers need to bear in mind.
If you are considering purchasing property from Shankheshwar Developers, keep the following tips in mind:
Shankheshwar Developers represents a cautionary tale for those in the market for real estate in Rajasthan and Madhya Pradesh. The statistically significant number of lost cases invites scrutiny into the company’s practices and accountability. Buyers should proceed with caution, conduct extensive research, and consider all available legal protections before engaging with this builder.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed against Shankheshwar Developers, which it lost, reveals significant insights into the builder's operational practices and the common themes that emerged in these legal disputes.
The cases can be broadly categorized into several types, including delayed possession claims, failures to develop plots, disputes over payment and compensation, regulatory non-compliance, and misrepresentation of development work.
Delayed possession claims were among the most frequent, with multiple applicants alleging that they were not provided timely possession of their plots despite having completed their payments. The builder consistently attributed these delays to unforeseen circumstances and various reasons beyond their control; however, the adjudicating bodies did not accept these defenses, leading to decisions mandating the builder to complete development works and grant possession within specified timelines.
Failure to develop plots was another recurring theme. In several cases, applicants claimed that after paying in full for their plots, no development work was initiated by the builder. The builder's claims of selling plots 'as is' without promising development did not resonate with the authorities, who typically ordered the builder to develop the plots within a six-month timeframe.
Disputes over payment and compensation also featured prominently. Applicants often sought refunds, interest on their payments, and compensation for mental harassment and litigation expenses. The builder's counterclaims regarding partial payment or lack of entitlement to possession were not validated by the courts, which generally sided with the applicants on these matters.
Regulatory non-compliance also led to legal consequences for the builder, particularly in one notable case where a penalty was imposed for advertising a project without adequately referencing the Real Estate (Regulation and Development) Act 2016.
The common triggers for these legal actions against the builder primarily revolved around the failure to deliver promised services—whether that was timely possession, developed plots, or transparency in advertising. People brought cases to contest what they perceived as breaches of contract, negligence in development, and errors in compliance that resulted in significant personal and financial losses.
The builder lost these cases predominantly due to insufficient evidence to support their claims, failure to comply with legal and regulatory requirements, and recurring instances of miscommunication regarding development assurances. The authorities frequently observed that the builder did not fulfill their commitments, which led to the decisions against them.
In summary, the cases against Shankheshwar Developers highlight critical issues in adhering to timelines, fulfilling development contracts, and ensuring regulatory compliance in the real estate sector. These findings could serve as a cautionary tale for potential buyers and a reminder for builders to uphold their obligations.
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 |
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F.15(187)/2020 | Rajasthan | The ESTATE REGULATORY AUTHORITY issued a show cau… | ["Inadvertent contr… | {"appellant_claim": "The appellant claimed that t… | Estate Regulatory A… | Shankheshwar Develo… | https://rera.rajasthan.gov.in/Content/pdf/8184F.15(187).pdf |
5-99-7-0236 | Madhya Pradesh | The applicant, Vishal Kumar Anand, filed a compla… | ["Non-development o… | {"appellant_claim": "The applicant claimed that h… | Vishal Kumar Anand | Shankheshwar Develo… | https://www.rera.mp.gov.in/upload/complaint_files/338398118102.pdf |
Case Command-4-II 5… | Madhya Pradesh | The applicant, Shri Pawan Chauhan and Archana Cha… | ["Undeveloped Plot"… | {"appellant_claim": "The applicant claimed that t… | Archana Chauhan | Shankheshwar Develo… | https://www.rera.mp.gov.in/upload/complaint_files/148414455851.pdf |
70-48-064 | Madhya Pradesh | The applicant paid Rs. 2,54,000 to the non-applic… | ["Refund of amount"… | {"appellant_claim": "The applicant paid Rs. 2,54,… | Shri Rajesh Vijayva… | Shankheshwar Develo… | https://www.rera.mp.gov.in/upload/complaint_files/411119454110.pdf |
4-9-49--075 | Madhya Pradesh | The applicant paid Rs. 2,51,000 to the non-applic… | ["Non-payment for p… | {"appellant_claim": "The applicant paid Rs. 2,51,… | Smt. Udita Vijayvar… | Shankheshwar Develo… | https://www.rera.mp.gov.in/upload/complaint_files/850750553505.pdf |
Here you’ll find cases where others sued the builder, but the builder won. We’ve included a summary and key insights from each case.
An analysis of the cases filed against the builder Shankheshwar Developers, which the builder won, revealed the following information.
These cases can primarily be grouped under three common themes: Regulatory Compliance, Claims of Delays and Pending QPRs, and Disputes Over Documentation.
The reasons for filing these cases often stem from contesting perceived penalties, misunderstandings about project timelines, or disputes over the classification of land or compliance with regulations. Upon closer examination, it appears that many of the claims stem from misconceptions or insufficient evidence being presented by opposing parties.
Common reasons why Shankheshwar Developers won these cases include the presentation of sufficient evidence to counter claims, adherence to legal norms and regulations, and demonstrating that the claims, in many instances, lacked a substantive basis. The builder's ability to defend itself effectively showcases its commitment to upholding project compliance and rectifying any potential misunderstandings. This pattern reflects a potential trend in the real estate sector, where buyers might occasionally make exaggerated accusations that necessitate legal scrutiny.
This analysis highlights that while legitimate disputes exist within the real estate market, builders like Shankheshwar Developers possess a solid track record of contesting unjust claims. For potential buyers, this information serves as a reminder of the importance of conducting thorough due diligence before reaching conclusions about a builder's reputation. Discerning buyers should approach claims with care, recognizing that not all allegations against builders are rooted in truth and some may stem from misunderstandings or misinterpretations. Educating oneself on a builder's history and capabilities can aid in making informed decisions and pave the way for a smoother home-buying experience.
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 |
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F.3(1808)2021 | Rajasthan | The Rajasthan Real Estate Regulatory Authority is… | ["Non-submission of… | {"appellant_claim": "", "respondent_claim": "All … | Shankheshwar Develo… | https://rera.rajasthan.gov.in/Content/pdf/3039F.3(1808).pdf |