| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
When it comes to selecting a builder for your next property investment, the track record of the builder plays a crucial role in ensuring a smooth and satisfactory purchase process. In this blog post, we will delve into the performance of SHIV INFRA, an active builder in Gujarat, examining their legal history and providing insights for potential buyers.
Builder Overview
SHIV INFRA has been involved in a total of 4 complaints against them, all of which culminated in lost cases. The builder is currently operating in Gujarat, where their projects are located. This raises important questions about the reliability and trustworthiness of SHIV INFRA based on their legal history.
Legal Case Breakdown
Cases Lost
SHIV INFRA has lost 4 cases against them, indicating a troubling trend. Here are the summaries of the two cases filed and lost by the builder:
- In both instances, the complaints revolved around the appellant's claims that construction began in their plot's margin space. The builder's defense stated that these complaints were outside the Gujrera Authority's purview, but ultimately, the complaints were disposed of on similar grounds. The consistency in this loss underscores a pattern of disregard for regulatory boundaries set by local authorities and highlights serious operational oversights in compliance.
Cases Won
On a more positive note, SHIV INFRA was also involved in 2 cases where they “won”; however, the nature of these wins is more about the penalties than about complete acquittal:
- In these cases, the builder was found in violation of the RERA Act for selling projects without proper registration. The rulings resulted in a fine of Rs. 2,85,000 imposed on the builder for these violations. The defense claimed that the violations were due to ignorance and inadvertence, which, while considered in the decision, still resulted in significant penalties.
Common Patterns
- For Lost Cases: A common factor in the cases lost is the construction practices that prompted complaints concerning property boundaries. The repeated mention of the margin space raises concerns about their decision-making and compliance with regulations.
- For Won Cases: The builder’s wins are reflective of punitive responses rather than a defense of their practices. The consistent fines emphasize a lack of proper regulatory compliance and a troubling ability to adhere to housing project requirements.
Conclusion
Given the data surrounding SHIV INFRA, it becomes evident that potential buyers should approach this builder with caution. The builder has had a significant number of legal complaints which they have not successfully defended against. While there may be instances where they won technically, the nature of those wins is less about an affirmative defense and more about penalty imposition.
Tips for Potential Buyers
- Verify Credentials: Ensure that the builder has all necessary registrations and approvals for the projects they are undertaking.
- Research Complaints: Look into any past complaints and understand the nature of these complaints to assess the builder's overall ethics and operational standards.
- Seek Legal Counsel: Before making any contractual agreements, consider consulting with a legal professional experienced in real estate to help you navigate potential pitfalls.
General Tips for Selecting a Builder
- Review Previous Projects: Visit completed projects to gauge quality, craftsmanship, and timely delivery.
- Engage with Previous Buyers: Speak with residents from previous projects to gather insights into their experiences with the builder, especially regarding post-purchase support.
- Check Online Reviews: Utilize online platforms to see what other prospective buyers are saying about the builder.
Navigating the real estate market can be daunting; therefore, informed choices are essential. Always conduct thorough research and be aware of a builder’s history before making such a significant investment.
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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 the builder SHIV INFRA, which it lost, revealed several key themes across the complaints raised by the other parties. The cases primarily revolved around the builder's violations of the Real Estate (Regulation and Development) Act, or RERA, specifically concerning the sale of projects without proper registration.
The common theme among the disputes was the builder's defense of ignorance and inadvertence. The builder consistently claimed that the violations stemmed from a lack of understanding of the RERA provisions rather than willful non-compliance. However, this defense did not resonate with the authority, which imposed significant penalties on the builder in each case. The repetitive nature of these violations and defenses suggests a systemic issue within the builder's operations, possibly indicating inadequate training or legal counsel regarding real estate regulations.
The primary reason individuals brought cases against SHIV INFRA was to contest the builder's non-compliance with the legal requirement to register projects under the RERA. The penalties imposed by the authority reflect a growing concern about the importance of adhering to these regulations, which are established to protect the interests of home buyers and ensure transparency in the real estate market.
The builder's losses in these cases highlight a pattern of insufficient accountability and a lack of due diligence with respect to legal obligations. The defenses presented did not meet the regulatory requirements, and the builder failed to persuade the authority that the violations were anything other than serious breaches of trust and protocol.
In conclusion, the cases against SHIV INFRA serve as a cautionary tale for home buyers regarding the importance of verifying a builder's compliance with RERA and other real estate regulations before making a purchase. They also underscore the need for builders to prioritize legal education and adherence to regulatory standards to avoid similar outcomes in the future.
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 |
|---|---|---|---|---|---|---|---|
| 39/2018 | Gujarat | The promoter, Shiv Infra, was fined Rs. 2,85,000 … | ["RERA Violation", … | {"appellant_claim": "", "respondent_claim": "The … | Shiv Infra | https://drive.google.com/uc?id=11sDmhcW0o_eyVGeLfVw1R8VCiPBS4L8_ |
Here you’ll find cases where the builder sued others but didn’t win. We’ve included a simple summary and key takeaways from each case.
The analysis of the cases filed by the builder SHIV INFRA, which it lost, reveals key insights into the nature and implications of their legal disputes. The cases primarily fall under two main themes: 'Construction in Margin Space' and 'Regulatory Compliance Issues'.
- Construction in Margin Space: The builder's disputes prominently featured claims regarding construction activities encroaching into margin spaces intended for other uses. This suggests a pattern of contention with property boundaries, perhaps implying a lack of clarity or adherence to land-use regulations, ultimately leading to legal actions initiated by affected parties to halt the work.
- Regulatory Compliance Issues: A repeated defense from respondents highlighted that the complaints were outside the jurisdiction of regulatory authorities like Gujrera. This indicates a common misunderstanding or disregard by the builder regarding compliance with local regulatory frameworks.
The builder frequently brought cases to court primarily to contest decisions made against them regarding construction practices and the use of land. They often disputed penalties or claims related to margin encroachments, showing a tendency to challenge decisions that they perceived as unjust. However, these disputes repeatedly led to the same outcome, suggesting that the builder faced systemic issues related to their operations and understanding of the legal landscape in which they worked.
The common reasons for the builder's losses in these cases include a significant lack of sufficient evidence to uphold their claims, as well as evident non-compliance with established legal and regulatory requirements. Additionally, the verdicts point to a failure to follow interim directions set by the authorities or misinterpretation of the classification rules surrounding land use.
Overall, the patterns emerging from these lost cases suggest a necessidade for SHIV INFRA to enhance their understanding of local regulations, improve communication with regulatory authorities, and undertake better project planning to prevent further legal entanglements in the future.
This dictionary organizes the key themes of the builder's disputes while providing an in-depth analysis of the factors leading to their legal challenges and losses. The structure is designed to be easily readable and informative for potential buyers looking to understand the builder’s history and choosing wisely.