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Overall Case Outcomes
Introduction
Shiv Niketan Limited is a notable player in the real estate sector, particularly in West Bengal. While the builder has successfully navigated through various legal scenarios, understanding their track record is essential for potential home buyers. This blog delves into the builder’s legal history, highlighting the number of complaints lodged against them, their success in legal cases, and key insights for prospective buyers.
Builder Overview
- Name: Shiv Niketan Limited
- Number of Complaints: 2
- Cases Won: 1
- Cases Lost: 1
- States with Projects: West Bengal
Legal Case Analysis
Cases Won
- Case Where Builder Filed and Won:
- Claim by Shiv Niketan Ltd: The builder sought to transfer the majority rights and liabilities of their project 'Turquoise' to S M Ventures, indicating a strategic move aimed at enhancing branding, marketing, and visibility.
- Claim by S M Ventures: They were amenable to taking on the rights and liabilities, suggesting a willing collaboration that …
Cases Lost by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
Analysis of the cases filed against Shiv Niketan Limited, where the builder lost, reveals several key themes and patterns. The disputes primarily center around two main topics: amenities provision disputes and responsibility allocation conflicts.
In terms of amenities provision, the cases often involve the builder failing to deliver promised amenities to the flat buyers. For instance, the complainant in one significant case raised issues regarding the lack of certain essential amenities, which led to a ruling by the WBRERA requiring the builder to provide concreting and tiles fixation, water tap connection points, and sliding windows. This demonstrates a common trigger for litigation in this area, where buyers contest the inadequate provision of amenities that they expect to be included in their property.
The other prevalent theme is responsibility allocation conflicts. In the cited case, the builder contended that the complainant was responsible for aspects of the planter arrangement, …
Cases Won by Builder (When Filing)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed by the builder Shiv Niketan Limited, which it won, revealed the following information. The cases can be categorized primarily into themes surrounding 'Transfer of Rights and Liabilities' and 'Branding and Marketing Enhancements.'
In the case summarized, the builder sought to transfer the majority rights and liabilities of the project 'Turquoise' to S M Ventures, citing improvements in branding and visibility as their primary rationale. Interestingly, S M Ventures was in agreement with this approach, reflecting a moment where both parties shared a common goal towards enhancing project execution and marketing.
Through these cases, it appears that the builder brought the matter to court largely due to the need for formal approval in transferring rights and managing liabilities effectively. This indicates a proactive approach to operational management, as the builder aimed to streamline brand representation and strengthen market position. Furthermore, the aligned position of S …
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