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SHILPKAR HOUSING PRIVATE LIMITED

  • No of Complaints: 7
  • States (Active in): Rajasthan
CIN U45200HR2012PTC046769
Year Established 17-Aug-12
Address SHOP NO. 9, GROUND FLOOR EDMONTON MALL, THE BRISTOL HOTEL, M.G. ROAD GURGAON HR 122001 IN
Company Status Private

Introduction

Shilpkar Housing Private Limited, operating primarily in Rajasthan, has faced a total of 7 complaints, with a mixed record in legal disputes — winning 3 and losing 4. This blog post aims to analyze the builder's legal history, identify patterns in outcomes, and provide guidance for potential buyers.

Overview of Legal Cases

Cases Lost

Shilpkar Housing Private Limited lost 4 cases, with three of these cases revolving around the failure to deliver possession of commercial shops as per the agreement. A common theme is the dissatisfaction of the complainants regarding delays in possession, leading to claims for refunds and other remedies:

  • Case Summary 1: The complainants claimed they did not receive possession of a shop as promised. The case was eventually resolved when possession was handed over, but the initial complaint reflects significant delays.
  • Case Summary 2: Similar to the first case, the complainant alleged non-delivery of possession. Again, the matter was settled after the respondent complied with the terms.
  • Case Summary 3: Another complainant sought a refund for amounts paid due to non-fulfillment of terms from the builder. The case was discharged based on earlier compliance by Shilpkar.

The primary pattern in the lost cases shows that complainants focused on the failure to deliver on time, leading to disputes over possession and refunds.

Cases Won

In contrast, the builder won 3 cases, wherein the verdicts favored Shilpkar Housing primarily due to compliance with prior agreements or demonstration of administrative errors by buyers:

  • Case Summary 1: The complainant sought a refund, but the builder received a verdict of a refund with a 10% deduction due to an alleged late response.
  • Case Summary 2: Here, the complainant claimed non-receipt of possession on the promised floor. The decision favored the builder, emphasizing that the complainant had not met her financial obligations despite receiving an alternative offer.
  • Case Summary 3: The case revolved around compliance with documentation. The builder demonstrated diligence in initiating the processes required, resulting in a decision that favored them and a minor penalty imposed.

A clear pattern emerges in the cases won, emphasizing the significance of adhering to administrative requirements and maintaining communication with clients regarding their obligations.

Conclusion

Overall, Shilpkar Housing Private Limited has demonstrated a mixed ability to manage customer relations effectively, particularly concerning the timeliness of possession delivery. The firm has faced several complaints mirroring client frustrations in project execution and the fulfillment of contractual obligations.

Tips for Potential Buyers

  1. Due Diligence: Before engaging with Shilpkar Housing Private Limited, potential buyers should conduct thorough research on the company’s reputation, focusing on case outcomes and consumer feedback.
  2. Document Everything: Ensure that all communications and agreements are clearly documented to avoid misunderstandings about possession and refunds.
  3. Ask About Timelines: Clarify timelines for possession and be wary of any vague commitments that may lead to disputes in the future.
  4. Stay Informed: Keep abreast of any legal actions against the builder during your purchasing process for updated insights on their operational integrity.

General Tips for Selecting a Builder

  • Investigate Reputation: Choose a builder with a stable track record of satisfied customers.
  • Review Legal History: Look at the builder's history regarding complaints and disputes to gauge their reliability.
  • Seek References: Consider gathering opinions from previous buyers for firsthand experiences, which can provide valuable insights.

Shilpkar Housing Private Limited's case history acts as a valuable learning tool for potential buyers, reminding them to approach their investments with care and caution.

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Refund and Possession Disputes Non-Compliance and Penalties Project Completion and Certification

Analysis of the cases filed against Shilpkar Housing Private Limited, where the builder lost, reveals several key themes and patterns. The disputes primarily center around three common topics: refund and possession disputes, non-compliance and penalties, and project completion and certification.

The first theme, refund and possession disputes, encompasses a significant number of cases. In these instances, buyers claimed that they were either not provided timely possession of their properties or were offered alternatives that did not meet their expectations. For example, in one case, a complainant was promised a shop on the upper ground floor, but the builder offered her a shop on the lower ground floor instead, leading to a dispute that resulted in a refund with deductions. Similarly, a buyer who booked a shop in 2014 was asked to shift to a different location and was offered financial compensation, which he declined, seeking either a refund or the original shop. The authority ultimately directed the builder to fulfill the original agreement.

The second theme involves non-compliance and penalties imposed on the builder. Buyers commonly sought refunds due to delays or breaches of contract by the builder, and the builder was often penalized for failing to comply with regulatory requirements. A penalty of Rs. 10,000 was imposed in one case for non-compliance with a municipal order regarding project completion certificates. This highlights a troubling pattern of oversight and a lack of due diligence on the part of the builder.

The third theme is project completion and certification. In one notable case, the builder was accused of failing to obtain the necessary completion certificate for their project. The builder claimed that the project was completed and that the certification process was underway, but this defense did not stand, and a penalty was imposed. This indicates a potential systematic issue within the builder's operations, where crucial regulatory steps may be neglected.

The common triggers for these legal disputes primarily revolve around the builder's failure to deliver on promises—whether that be timely possession of property, adherence to agreed-upon specifications, or compliance with regulatory requirements. Buyers in these cases were often driven to seek legal recourse as a last resort after experiencing significant delays or changes to their agreements.

The builder lost these cases predominantly due to insufficient evidence to support their claims, non-compliance with legal requirements, and a lack of responsiveness to buyer concerns. The verdicts highlight a need for buyers to be vigilant and thoroughly informed about their rights and the builders' obligations. It also raises concerns about Shilpkar Housing's operational integrity and adherence to standards that buyers expect.

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. 3 (३९७)RJ/RERAPI… Rajasthan The case involves a notice against a promoter for… ["Non-submission of… {"appellant_claim(in detail)": "The Authority iss… Suo Moto through Re… Shilpkar Housing Pr… https://rera.rajasthan.gov.in/Content/pdf/3781F.3(397).pdf
RAJRERA-C-2021 4640 Rajasthan Complainant booked a shop in Shilpkar Plaza, Bhiw… ["Shop possession d… {"appellant_claim(in detail)": "Complainant booke… Vikas Raina Shilpkar Housing Pr… https://rera.rajasthan.gov.in/Content/pdf/99872021-4640.pdf
RAJRERA-C-N-2021-40… Rajasthan Complainant Sunita Yadav filed a complaint agains… ["Possession of Sho… {"appellant_claim": "The complainant claimed that… Sunita Yadav Shilpkar Housing Pr… https://rera.rajasthan.gov.in/Content/pdf/6314RAJ-RERA-C-N-2021-4094.pdf
RAJ-RERA-C-2021-4094 Rajasthan Complaint against Shilpkar Housing Pvt Ltd for re… ["Refund of amount … {"appellant_claim": "Refund of amount paid to Shi… Sunita Yadav Shilpkar Housing Pr… https://rera.rajasthan.gov.in/Content/pdf/9456RAJ-RERA-C-2021-4094.pdf
Delayed Possession Claims Refund Requests Compliance with Legal Orders

An analysis of the cases filed against the builder, Shilpkar Housing Private Limited, which the builder won, revealed the following information.

  1. Delayed Possession Claims: Several cases involve claims from complainants like Vikas Raina, accusing the builder of not delivering possession as per the agreements. This reflects a common grievance among buyers who often expect timely possession of their properties. However, in these instances, the builder provided evidence of compliance with legal orders and transfer of possession, leading to the resolution of disputes in favor of the builder.
  2. Refund Requests: Another recurring theme in the complaints was requests for refunds of amounts paid, where the complainants believed they were entitled to compensation for perceived failures on the builder's part. The builder successfully defended these claims by demonstrating compliance with prior judgements and fulfilling their obligations under the agreements, thus nullifying the entitlement to refunds.
  3. Compliance with Legal Orders: Many of the cases mentioned stem from claims about not adhering to previously established mandates or agreements. The builder showcased adherence and executed necessary documentation to satisfy judicial requirements, thereby effectively contesting these allegations.

The reasons leading to these legal disputes stem from a range of factors, including contesting penalties for project delays, disputes over possession timelines, and misunderstandings regarding contractual obligations. A clear theme emerges where buyers often file complaints driven by a lack of communication or information regarding the progress of their properties. This indicates a potential pattern in buyer expectations versus the realities of project management timelines.

The common reasons for the builder's success in court can be attributed to several factors, including the presentation of adequate documentation, evidence of compliance with legal directives, and the capacity to address misunderstandings about contractual obligations effectively. In various instances, it appears that accusations made against the builder lacked sufficient backing or were based on misinterpretations of the agreements in place. This is a critical insight that reinforces the idea that accusations can arise from misunderstandings rather than genuine non-compliance.

Furthermore, this analysis provides an important perspective on Shilpkar Housing Private Limited's reputation within the real estate sector. The ability of the builder to defend itself against unjust claims indicates a resilient operational integrity and an established process for handling objections and accusations from buyers. It’s a reminder that while disputes can arise in any industry, many may stem from purchasers' misconceptions or exaggerated claims, rather than definitive wrongdoing by the builders.

In conclusion, potential buyers should approach the market with a discerning mindset. This analysis underscores the importance of thorough research and understanding of the builder's track record. While there are legitimate grievances in the realm of real estate, Shilpkar Housing Private Limited appears to be a builder capable of defending its practices effectively against unjustified claims. As such, buyers are encouraged to seek reliable information and perspective before forming opinions about a builder's reputation, ensuring they can make informed decisions in their property investments.

This dictionary provides a structured summary of themes and insights derived from the analysis of the cases involving Shilpkar Housing Private Limited, aiding potential buyers in making informed decisions.

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-N-2021-4… Rajasthan Complaint against Shilpkar Housing Private Limite… ["Real Estate Dispu… {"appellant_claim(in detail)": "The complainant, … Others Shilpkar Housing Pr… https://rera.rajasthan.gov.in/Content/pdf/1806RAJ-RERA-C-N-2021-4640.pdf

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