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SHIV DEVELOPER

  • No of Complaints: 14
  • States (Active in): Gujarat, Odisha
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Introduction

In the competitive world of real estate, understanding the history and reliability of a builder is paramount for prospective homebuyers. SHIV DEVELOPER, with projects primarily in Gujarat and Odisha, presents a mixed picture when analyzed through the lens of legal cases and customer complaints. This blog post will delve into SHIV DEVELOPER's legal history, the outcome of cases they faced, and offer guidance for potential buyers.

Overview of SHIV DEVELOPER

With 14 complaints registered against them, SHIV DEVELOPER has faced legal scrutiny. Out of these cases, they have won only 3 and lost 11, indicating challenges in their project compliance and customer satisfaction. This high ratio of lost cases raises some concerns that potential buyers should consider carefully.

Legal Case Analysis

Cases Lost by SHIV DEVELOPER

  1. Regulatory Non-compliance: Many of the cases lost involved allegations of failing to comply with regulatory requirements. For instance, SHIV DEVELOPER was found lacking in their submission of final accounts and compliance reports. The authorities highlighted issues related to technical difficulties and inadequate resources, but ultimately held the builder responsible for non-compliance.
  2. Penalties and Violations: In several instances, penalties were imposed for not adhering to the Real Estate (Regulation and Development) Act, leading to significant financial repercussions ranging from ₹30,000 to ₹4 lakhs. This pattern suggests systemic issues within the developer's administrative practices and highlights a need for improved compliance management.

Cases Won by SHIV DEVELOPER

  1. Demonstrated Compliance: In their winning cases, the builder successfully showed timely submissions of necessary documents, such as the final completion certificate and society registration. In one instance, the authority exempted them from further action, indicating that when compliance is achieved, they can defend their position effectively.
  2. Footnote of Non-Appearance: Conversely, a number of successful defenses were noted where the appellant did not present their case adequately, leading the authority to lean in SHIV DEVELOPER's favor. This indicates that effective representation can play a crucial role in legal outcomes.

Patterns and Common Factors

  • The losses predominantly stem from compliance issues and a lack of necessary documentation. The builder frequently failed to submit required reports and faced penalties for RERA violations.
  • In contrast, their wins often hinged on their ability to present timely documentation and their reliance on the absence of thorough arguments from opposing parties.

Conclusion

SHIV DEVELOPER's track record is a mixed bag, with more losses than wins in legal battles, which raises red flags for prospective buyers. In light of this data:

Tips for Potential Buyers:

  1. Research Thoroughly: Delve into SHIV DEVELOPER’s legal history and customer reviews to gauge the reliability and quality of their projects.
  2. Check Documentation: Ensure that all necessary documentation is in order, including completion certificates and compliance reports before proceeding with any purchase.
  3. Consider Professional Advice: Consult legal or real estate experts before making a decision; they can provide insights on potential risks.

General Tips for Selecting Any Builder:

  • Investigate Their History: Look into the builder's reputation, previous projects, and complaint history.
  • Request References: Speak to previous customers to get firsthand accounts of their experiences.
  • Due Diligence on Licenses: Verify that the builder is in good standing with governing bodies and holds all necessary licenses to operate.

In conclusion, while SHIV DEVELOPER has the potential to deliver quality projects, their legal history suggests that buyers should tread carefully and conduct thorough due diligence before making a commitment.

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Non-Compliance with RERA Act Failure to Submit Mandatory Reports Penalties for Project Delays and Violations

Analysis of the cases filed against Shiv Developer, where the builder lost, revealed significant insights into their legal disputes. The cases can be broadly categorized into three recurring themes: Non-Compliance with RERA Act, Failure to Submit Mandatory Reports, and Penalties for Project Delays and Violations.

The first theme, Non-Compliance with RERA Act, encompasses a substantial number of cases where Shiv Developer was penalized for violating various provisions of the Real Estate (Regulation and Development) Act. Common reasons for the penalties included failing to submit final reports on projects, not adhering to the timelines for annual audit reports, and other regulatory breaches. This pattern suggests a troubling trend where the builder has occasionally disregarded legal obligations related to transparency and accountability in real estate projects.

The second theme, Failure to Submit Mandatory Reports, highlights cases specifically centered around Shiv Developer's inability or unwillingness to furnish required documentation, such as annual audit reports and project status reports (QPRs). The builder's defense often revolved around claims of non-applicability or inability to meet deadlines, which ultimately did not stand in court. This theme underscores an important issue in the real estate sector where maintaining proper records and complying with reporting requirements is crucial for ensuring that projects progress as planned and that buyers are informed.

The third theme, Penalties for Project Delays and Violations, broadly covers the various penalties imposed on Shiv Developer for delays in project completions and other violations that did not fit into the first two categories. While some cases lacked specifics, the consistent imposition of penalties indicates a systemic issue within the builder's operations, possibly related to project management or resource allocation.

A common thread among these themes is the builder's recurrent losses due to insufficient adherence to the RERA Act and other regulatory standards. The reasons for these losses typically include:

  • Insufficient Evidence: In many cases, Shiv Developer failed to provide adequate evidence to support their claims or defend against penalties.
  • Non-Compliance: As discussed, the builder's repeated violations of the RERA Act resulted in numerous penalties, indicating a significant compliance issue.
  • Misunderstandings of Regulations: Claims made by the builder, such as not being required to submit QPRs, highlight a lack of understanding or willful disregard of regulatory requirements, which ultimately led to legal consequences.

In conclusion, the analysis of these cases raises important red flags for potential buyers considering projects by Shiv Developer. Buyers should remain vigilant, thoroughly check the builder's legal standing, and ensure compliance with RERA and other regulations before making any investment.

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
SuoMotu Complaint C… Odisha The case was initiated against the respondent-pro… ["Non-filing of Qua… {"appellant_claim": "", "respondent_claim": "The … Shiv Developers https://rera.odisha.gov.in/wp-content/uploads/2024/06/126-of-2024.pdf
GJ/CMP/NCAR/SURAT/2… Gujarat The Gujarat Real Estate Regulatory Authority impo… ["Non-submission of… {"appellant_claim": "", "respondent_claim": "The … Shiv Developers https://drive.google.com/uc?id=1DZ0WqXZOyVfvfq4hTf9WmEOMxDW5JaIb
GI/CMP/NCAR/Anand/1… Gujarat The Gujarat Real Estate Regulatory Authority file… ["Non-submission of… {"appellant_claim": "The appellant claimed that t… Gujarat Real Estate… Shiv Developers SHIVALAYA HEIGHTS.pdf
Regulatory Non-compliance Penalties for Late Submission Failure to Submit Financial Reports

Analysis of the cases filed by the builder, SHIV DEVELOPER, which it lost revealed several common themes and patterns.

First, the cases can be broadly grouped into three main categories based on the recurring themes identified. The first category is Regulatory Non-compliance, where the builder faced issues related to adherence to legal and regulatory protocols. The builder's claims often focused on external factors affecting their compliance; however, the respondents consistently pointed out a failure on the part of the builder to meet these requirements.

The second category, Penalties for Late Submission, reflects the circumstances where the builder faced penalties for not submitting final accounts and compliance reports on time. In these cases, the builder attributed the delays to a mixture of technical issues and resource limitations but struggled to provide convincing evidence supporting these claims.

Lastly, the Failure to Submit Financial Reports category succinctly highlights the builder's challenges in meeting necessary deadlines and reports, further aggravating their legal situation.

A closer look at why SHIV DEVELOPER commonly brought cases to court reveals patterns related to disputing penalties and project timelines. The builder often contended that their ability to fulfill obligations was hindered by factors beyond their control. However, these claims were often met with skepticism, as regulatory bodies emphasized accountability and compliance.

Common reasons for the builder's losses included inadequate evidence to support their claims, failure to comply with established legal or regulatory requirements, and a lack of proactive effort in adhering to interim directions issued by authorities. Additionally, misunderstandings or misinterpretations regarding land or project classification rules often left the builder vulnerable in these legal disputes.

In summary, while SHIV DEVELOPER aimed to contest penalties and project delays, the prevailing issues of regulatory non-compliance and inadequate documentation consistently undermined their cases in court.

Disputes over Completion Certificates Timeliness of Regulatory Submissions

An analysis of the cases filed by the builder, SHIV DEVELOPER, which it won, revealed the following information.

The cases primarily revolve around two key themes: disputes over completion certificates and the timeliness of regulatory submissions.

In these proceedings, SHIV DEVELOPER consistently maintained that they had submitted necessary documentation, including the final completion certificate and society registration, in a timely manner.

Conversely, the authority contested these claims, citing delays in the completion certificate's submission as a central issue.

The common reasons for these cases coming to court stem from SHIV DEVELOPER's efforts to contest perceived penalties and to negotiate regulatory compliance issues.

Another trigger for litigation appears to be disagreements over documentation timelines, which often lead to disputes about the associated penalties or legal consequences.

These patterns suggest a proactive approach by the builder, perhaps indicative of a need to safeguard their reputation and ensure project delivery is not unduly complicated by bureaucratic issues.

In terms of winning these cases, SHIV DEVELOPER benefited from the authority's failure to present sufficient evidence against their claims.

There were noticeable instances of non-compliance with regulatory requirements from the opposing parties, and misunderstandings about submission timelines contributed to favorable verdicts for the builder.

Thus, it is evident that SHIV DEVELOPER was able to effectively defend itself against allegations that could have adversely affected their reputation and business operations.

This analysis suggests a broader context within the real estate market, emphasizing that legal battles can arise from misunderstandings or false accusations directed towards builders.

The ability of SHIV DEVELOPER to successfully navigate these challenges signifies a robust internal compliance structure and a commitment to adhering to regulatory frameworks.

It also highlights that potential buyers must exercise caution; sometimes builders face exaggerated claims from buyers or other entities that may not fully understand the regulatory landscape.

In conclusion, potential buyers are advised to make informed decisions when considering real estate investments.

While disputes in the real estate realm are not uncommon, the presented cases demonstrate that builders like SHIV DEVELOPER can withstand unjust allegations.

Buyers should carefully approach claims against builders, seek reliable information, and weigh the facts before forming opinions on a builder's reputation.

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
GJ/CMP/NCQR/SURAT/2… Gujarat The project 'Samarpit Heights' by Shiv Developers… Non-submission of f… {"appellant_claim": "Shiv Developers claimed that… Shiv Developers https://drive.google.com/uc?id=1nLiDhHBfctpN_4WrSPMlnHuqdKMxpfAz
Regulatory Compliance Project Completion Disputes Penalties for Non-compliance

An analysis of the cases filed against the builder, SHIV DEVELOPER, which the builder won, revealed the following information. The disputes primarily fell under three key themes: Regulatory Compliance, Project Completion Disputes, and Penalties for Non-compliance.

  1. Regulatory Compliance: One critical concern raised involved allegations that SHIV DEVELOPER did not submit quarterly reports as mandated by the RERA Act. In this instance, the authority concluded that the builder had indeed completed the project on time and provided necessary documentation such as the utilization certificate. This outcome highlights the builder's adherence to regulatory frameworks, which is a positive indicator of their operational integrity.
  2. Project Completion Disputes: At the heart of some complaints were claims regarding delays in project completion. However, the builder successfully defended itself by producing evidence of timely project completions, thereby reinforcing their reliability in managing timelines.
  3. Penalties for Non-compliance: Another case, although resulting in penalties for non-compliance with the Real Estate (Regulation and Development) Act, shows a reactive legal environment where builders could face repercussions for minor infractions while still maintaining a track record of overall project success.

The claims that led to these cases stemmed from buyers and regulatory bodies challenging compliance with legal stipulations and contesting perceived delays or mismanagement. A recurring pattern in the complaints appears to involve misunderstandings of the builder's procedural adherence or exaggerated interpretations of delays in the project timelines.

SHIV DEVELOPER typically emerged victorious in these cases due to a combination of factors, including the lack of sufficient evidence from appellants and showcasing their compliance with required legal and regulatory standards. The builder effectively countered claims that were sometimes rooted in misunderstandings or misrepresented situations.

This analysis indicates a robust reputation for SHIV DEVELOPER within the broader real estate market. It is crucial to recognize that while there are legitimate disputes in the real estate sector, buyers occasionally file false complaints that can lead to unnecessary legal challenges. The builder's ability to defend against unjust claims speaks volumes about their operational standards and dedication to fulfilling commitments.

To potential buyers, it is essential to make informed decisions. While not all claims are baseless, it is always prudent to approach allegations and accusations judiciously. This analysis illustrates that builders like SHIV DEVELOPER can successfully defend themselves against wrongful accusations, underscoring the importance of thorough research and reliable information before forming opinions about a builder’s reputation.

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
GJ/CMP/NCQR/Surat/2… Gujarat The Gujarat Real Estate Regulatory Authority file… ["Non-submission of… {"appellant_claim": "The appellant claimed that t… Gujarat Real Estate… Shiv Developers https://drive.google.com/uc?id=1O4tD7wvgJnMGXKFtzyGhQOKDtoKvo3Ye

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