SHINE INFRA MARKETING PRIVATE LIMITED

Introduction

In the realm of real estate development in India, it is imperative to conduct thorough due diligence and understand the operational practices of builders. Shine Infra Marketing Private Limited presents a case worth examining due to its limited legal track record and associated challenges.

Overview of Shine Infra Marketing Private Limited

Shine Infra Marketing Private Limited operates primarily in Odisha. While the geographic focus is notable, the builder has also come under scrutiny due to two reported legal complaints. Unfortunately, it has a track record of not winning any cases against it, which may raise red flags for potential buyers.

Legal Case Details

Shine Infra Marketing has faced two legal complaints, both of which it lost. A detailed look into the cases indicates a pattern of issues regarding possession and refunds:

1. Case Overview
   • Complaint 1: A complainant paid Rs. 2,21,800 for a plot of land but did not receive possession despite repeated requests. The authority directed the builder to hand over possession within two months, indicating a failure on the builder's part to fulfill their contractual obligations.
   • Complaint 2: The second case involved a request for a refund of the consideration amount along with interest and compensation. Here, the builder claimed that the complainant was not entitled to a refund before the sale deed's cancellation. However, the authority again directed the builder to transfer possession within two months.

Analysis of Legal Outcomes

Common Factors in Lost Cases

• Failure to Deliver Possession: Both cases highlight a consistent issue with the builder's failure to deliver what was promised - possession of land. This raises concerns about their operational reliability and adherence to agreements.
• Lack of Defense: Notably, the builder did not defend themselves in either case, suggesting a potentially neglectful approach to handling disputes or a lack of preparedness to address customer claims.

Common Factors in Won Cases

• No Winning Cases: Shine Infra Marketing has a concerning track record of losing all legal challenges it has faced. There are no cases where the builder emerged victorious, leading to speculation about the effectiveness of their business practices.

Conclusion

Based on the analysis of the legal disputes involving Shine Infra Marketing Private Limited, potential buyers are advised to exercise caution. The builder's history of losing cases combined with a failure to deliver promised services indicates significant risk.

Tips for Potential Buyers

1. Research Thoroughly: Investigate the builder's history, including any legal disputes, project completions, and customer reviews.
2. Seek Legal Advice: Before entering any agreement, consider consulting a legal professional specializing in real estate to navigate potential contracts.
3. Demand Transparency: Ensure the builder provides clear information about ownership, title deeds, and timelines for project completion.
4. Payment Structures: Consider phased payments linked to specific milestones in construction to protect your investment.

General Tips for Buyers when Selecting Any Builder

• Check Registrations: Verify if the builder is registered under relevant real estate regulations to ensure compliance.
• Visit Previous Projects: If possible, visit completed projects to assess build quality and customer satisfaction.
• Look into Financial Stability: Buyers should assess the financial health of a builder to avoid partial construction and unfulfilled promises.

In summary, while Shine Infra Marketing operates in Odisha, its legal record raises significant concerns that potential buyers should consider seriously before committing to a purchase.

Analysis of the cases filed against Shine Infra Marketing Private Limited, where the builder lost, reveals significant insights into its dealings and operational practices. The cases highlight two primary themes: Delayed Possession Claims and Refund and Compensation Disputes.

The first theme, Delayed Possession Claims, encompasses the majority of the cases. In these instances, buyers claimed that they had made substantial payments for plots of land, yet the builder failed to deliver possession despite repeated requests. The builder's defense was inadequately presented, or in some cases, no defense was mounted at all. This led authorities to direct the builder to fulfill its commitments within stipulated timelines, reinforcing the buyers’ legal rights to obtain timely possession of their properties.

The second theme, Refund and Compensation Disputes, involves claims primarily made by buyers seeking refunds of the consideration amount coupled with interest and compensation. The builder's defense typically revolved around the assertion that buyers were not entitled to refunds prior to the cancellation of sale deeds. However, the verdicts favored the buyers, emphasizing their right to timely delivery of property and adequate compensation for delays.

Common reasons for litigation in these cases include:

• Contesting Delivery Delays: Buyers frequently found themselves in disputes over the builder's failure to adhere to promised timelines for possession delivery.
• Disputing Refund Eligibility: The builder's stance on refunds preceded by deed cancellations created a significant point of contention, leading buyers to seek legal recourse to obtain their dues.

The builder lost these cases primarily due to:

• Insufficient Defense: In many instances, the builder failed to put forth a robust defense or did not respond at all, leading to default victories for the plaintiffs.
• Non-Compliance with Commitments:Repeated failures to honor agreements and deliver timely possessions resulted in legal consequences, as buyers exercised their rights to seek fulfillment of their investments.

These patterns indicate a concerning trend in Shine Infra Marketing Private Limited's operational practices, signaling potential red flags for prospective buyers.