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SHIKHAR DEVELOPERS

  • No of Complaints: 2
  • States (Active in): Gujarat
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Introduction

In the competitive world of real estate, understanding the reliability and reputation of a builder is crucial for potential buyers. SHIKHAR DEVELOPERS, active in Gujarat, presents a case worth examining due to their recorded legal issues. This article will delve into the builder’s complaint history, legal outcomes, and offer tips for prospective customers.

Overview of SHIKHAR DEVELOPERS

Based in Gujarat, SHIKHAR DEVELOPERS has faced a challenging legal landscape, with a total of 2 complaints registered against them. Notably, the builder has lost both cases, raising questions about their operational integrity and customer satisfaction.

Legal Case Summary

Cases Lost by SHIKHAR DEVELOPERS

  1. Case Overview: The appellant claimed they submitted the final account within the required time frame, yet the authority apparently had no record of receiving it. In contrast, the builder contested that the appellant did not submit the account on time, hence incurring a penalty.
    - Final Verdict: The authority imposed a penalty of Rs. 65,000 on SHIKHAR DEVELOPERS and mandated them to complete the submission of the intended account within 30 days.

This case illustrates the importance of compliance with regulatory measures. SHIKHAR DEVELOPERS's failure to maintain proper documentation and timely submissions was a critical factor leading to their loss in this instance.

Cases Won Against SHIKHAR DEVELOPERS

  1. Case Overview: In a separate case, the appellant claimed violations of the RERA Act regarding the timely submission of quarterly reports and applications. The builder argued that any delays were unintentional and due to ignorance.
    - Final Verdict: The authority sided with the appellant, imposing a penalty of Rs. 50,000 on SHIKHAR DEVELOPERS for their inadequate handling of the required documentation.

This case reflects a scenario where the builder's lack of awareness and adherence to regulatory standards became a liability, confirming a pattern of non-compliance with existing rules.

Patterns and Common Factors

Complaints Patterns

The cases lost by SHIKHAR DEVELOPERS reveal a clear trend of inadequate documentation and failure to meet regulatory deadlines. Clients were left feeling dissatisfied, leading to legal actions against the builder, underscoring an overall struggle with timely submissions and legal compliance.

Cases Won Patterns

In the case where SHIKHAR DEVELOPERS was taken to court, they lost due to their failure to defend adequately against claims of procedural violations, despite arguing ignorance. Their defense was insufficient to mitigate the penalties imposed against them, indicating a recurring issue with maintaining current knowledge of regulatory requirements.

Conclusion

SHIKHAR DEVELOPERS's performance in the legal arena paints a concerning picture for potential buyers. With two lost cases under their belt and a consistent pattern of compliance failures, caution is advised when engaging with this builder.

Tips for Potential Buyers

  1. Thorough Research: Before purchasing, potential buyers should conduct extensive research on the builder's history, including any legal disputes.
  2. Documentation Review: Ensure that all submitted documentation is accurate and within deadlines to avoid penalties.
  3. Seek References: Look for feedback from previous customers to gauge their experiences with SHIKHAR DEVELOPERS.
  4. Legal Counsel: Consider consulting with legal experts to navigate any complexities in the builder's agreements.

General Tips for Selecting a Builder

  • Check Licenses and Certifications: Ensure the builder has all necessary licenses and complies with local regulations.
  • Visit Past Projects: Observe previously completed projects for quality and attention to detail.
  • Read Reviews: Utilize online platforms and forums to read unbiased reviews to gather insights on the builder's reputation.
  • Understand Contract Terms: It’s essential to comprehend all terms and conditions stated in the contract before making your final decision.

In conclusion, whether dealing with SHIKHAR DEVELOPERS or any builder, informed decision-making backed by thorough research can protect you from potential pitfalls in the property market.

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Non-compliance with RERA Act Penalties for Reporting Delays

Analysis of the cases filed against Shikhar Developers, where the builder lost, reveals several key points across the spectrum of disputes encountered by the builder. The cases highlight two primary themes: non-compliance with the RERA Act and penalties incurred due to reporting delays.

The first theme, non-compliance with the RERA Act, stands out in the cases where the builder faced penalties for failing to submit quarterly reports and applications on time. This points to a broader pattern of neglecting regulatory obligations, which is a common trigger for legal disputes in the real estate sector. Many of the builder's losses in these cases stem from insufficient evidence to support their claims of ignorance and inadvertence. The authority's decision to impose penalties highlights the importance of adhering to legal requirements in real estate development.

The reasons people brought cases against Shikhar Developers primarily revolved around contesting these penalties and disputing compliance failures. There was no significant indication of cases involving delayed possession claims or land classification disputes in the provided summaries. However, the patterns emerging from these cases demonstrate a need for the builder to address regulatory compliance and reporting comms to avoid further litigation.

In conclusion, the builder's losses in these cases underline the importance of understanding and adhering to the RERA Act and other relevant regulations. Failure to do so can result in significant penalties and damage to one's reputation in the real estate market. Buyers should take note of these compliance issues when considering properties developed by Shikhar Developers.

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
1109R-144/2018 Gujarat The Gujarat Real Estate Regulatory Authority impo… ["RERA Act", "Penal… {"appellant_claim": "The appellant claimed that t… Gujarat Real Estate… Shikhar Developers https://drive.google.com/uc?id=1543NV0EJc9wy4S9rHJ-sxEU7jTWz23rT
Penalties for Project Delays Disputes over Final Accounts Submission Regulatory Compliance Issues

Analysis of the cases filed by the builder SHIKHAR DEVELOPERS that they lost reveals several recurring themes and issues. Each case provides insight into the kinds of disputes that led to their unfavorable verdicts, which mainly fall under three themes: 'Penalties for Project Delays', 'Disputes over Final Accounts Submission', and 'Regulatory Compliance Issues'.

  1. Penalties for Project Delays: In this theme, the builder often faced penalties due to project delays attributed to their actions or omissions. In the case analyzed, the builder was penalized for failing to submit the final account in a timely manner, leading to further penalties by the authority.
  2. Disputes over Final Accounts Submission: The builder's claims were centered around contesting penalties tied to their submission of accounts. In this instance, the builder asserted that the final account was submitted within the required timeframe, while the authority contended otherwise. This reveals a typical conflict regarding documentation and deadlines — a critical factor in real estate that builders must stay vigilant about.
  3. Regulatory Compliance Issues: Another prominent issue highlighted is the builder's dealings with regulatory requirements. In this case, the builder's inability to meet the stipulated conditions put them at a disadvantage in court, illustrating a broader concern for the builder regarding compliance with municipal orders and regulatory guidelines.

Common reasons for the builder bringing cases to court include contesting imposed penalties, disputing the attribution of project delays to their actions, and disagreements over the procedural aspects of final accounts submission. The pattern emerging from the cases indicates a tendency to challenge regulatory actions rather than proactively ensuring compliance. This approach often backfires when the builder encounters legal hurdles they could have mitigated through better documentation and adherence to timelines.

Ultimately, the reasons SHIKHAR DEVELOPERS lost these cases boil down to several critical factors: insufficient evidence to support their claims, failure to comply with legal and regulatory requirements, and a misunderstanding of the procedural aspects associated with project delays and submissions. These cases serve as cautionary tales for both builders and buyers in the real estate sector, emphasizing the importance of adhering to regulations, timely submissions, and maintaining clear documentation.

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
SMC/NCOER/Online/Ah… Gujarat The case is about the non-submission of the final… ["Non-submission of… {"appellant_claim": "The appellant claimed that t… Shikhar Developers Gujarat Real Estate… https://drive.google.com/uc?id=1HQt115-GWlwX6t-oZKxclddlZOT358-m

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