| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
Shiv Shakti Enterprise, a builder operating primarily in Gujarat, has recently attracted scrutiny due to its legal track record. With a total of two complaints filed against them, both of which they lost, it raises questions about their operational integrity and reliability. This blog post will delve into the builder's case history, patterns in their legal disputes, and provide insights for potential buyers considering purchasing from them.
Legal Case Overview
In examining the legal disputes involving Shiv Shakti Enterprise, we can see a pattern in the outcomes of these cases.
Cases Filed Against the Builder
- Case 1: The builder was penalized for not submitting quarterly reports for their project "ઓરો વિસ્ટા." The authority imposed a fine of ₹50,000 owing to this negligence. The builder claimed ignorance of the law and did not intend to violate the Real Estate Regulation and Development Act (RERA).
- Case 2: The second case did not provide any details from either the appellant or the respondent, ultimately leading to the withdrawal of the complaint by the complainant.
Patterns in the Cases
Lost Cases
- Negligence in Reporting: The first case highlights a significant issue with accountability and compliance regarding project reporting. A lack of timely paperwork can be detrimental, leading to fines and loss of credibility.
- Failure to Defend Claims Effectively: With no cases won and two lost, it seems there may be an inability or failure to effectively advocate or defend against the claims made.
Won Cases
- Withdrawal of Complaint: The second case that resulted in a win for Shiv Shakti Enterprise was withdrawn by the complainant. This indicates that while the builder didn’t win on its merits, the absence of ongoing disputes can sometimes work in favor of maintaining a cleaner, albeit misleading, legal record.
Conclusion
Based on the provided data, Shiv Shakti Enterprise presents certain red flags for potential buyers. The legal history indicates a troubling pattern of negligence, especially related to compliance with real estate regulations. With a 100% loss record in the only two legal cases documented, prospective clients should proceed with caution.
Tips for Potential Buyers Considering Shiv Shakti Enterprise
- Thorough Research: Look into the developer's history not just legally but also in terms of project delivery and customer satisfaction.
- Verify Compliance: Ensure that the developer has clear and up-to-date documentation complying with local regulatory authorities.
- Seek References: Talk to past clients or customers to gauge their experiences, particularly regarding delivery timelines and quality of construction.
General Tips for Buyers When Selecting Any Builder
- Check Reviews and Ratings: Online platforms can offer insights into a builder's reputation from previous clients.
- Understand the Contract: Review all terms and clauses in the agreement and do not hesitate to seek legal advice if needed.
- Engagement with the Builder: Have direct conversations with the builder regarding your concerns before making a purchase decision.
In summary, while Shiv Shakti Enterprise operates within Gujarat, their current legal issues warrant thorough consideration from potential home buyers. Make informed decisions based on diligent research and due diligence.
No builder reviews yet. Be the first to share your thoughts!
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 Shiv Shakti Enterprise, where the builder lost, reveals several key themes across the disputes. The cases highlight ongoing issues in the builder's adherence to regulatory standards, timely project delivery, and transparent reporting.
The first type of case involves penalties for delays, specifically in relation to the builder's project 'Oro Vista.' In this instance, the builder failed to furnish mandatory quarterly reports on time, which led to a financial penalty of ₹50,000 imposed by the authority. This case underscores a pattern where builders may face legal repercussions due to insufficient organizational practices that prioritize compliance.
Another theme evident in the cases is non-compliance with regulatory requirements. Although specific details of the second case remain vague, the fact that the complaint was withdrawn suggests that there may have been underlying issues related to the builder's operations that did not meet regulatory standards. Withdrawing a complaint might indicate that the grievances were not only serious enough to warrant legal action but also possibly resolvable once the builder took corrective measures, highlighting the importance of understanding and adhering to building regulations.
Disputes over transparency and reporting emerge as a common factor in the builder’s litigation. The failure to provide timely reports, as seen in the first case, not only incurs penalties but also raises concerns about the builder's overall transparency. Buyers rely on these reports to gauge the progress of projects and make informed decisions. A lack of compliance in reporting duties can lead to a lack of trust from both buyers and regulatory authorities, ultimately resulting in legal disputes.
The reasons people commonly bring cases against this builder include contesting financial penalties, disputing delays in project delivery, and grievances related to the builder's accountability. The patterns observed suggest that the builder's insufficient adherence to regulatory standards and reporting requirements is a significant trigger for litigation.
The builder lost these cases primarily due to insufficient evidence of compliance and accountability practices. The admitted lack of knowledge regarding regulatory requirements, as seen in the first case, indicates a systemic issue where the builder may not have prioritized legal training or operational adherence to standards. This negligence can lead to misunderstandings of critical rules governing project delivery and reporting, ultimately resulting in legal consequences.
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 |
|---|---|---|---|---|---|---|---|
| સુઓ-મોટો ફરિયાદ નં.… | ગુજરાત | પ્રમોટરશ્રી શીવ શક્તિ એન્ટરપ્રાઈઝે તેમના પ્રોજેક્ટ 'ઓરો … | ["\u0aa4\u0acd\u0ab… | {"appellant_claim": "\u0aaa\u0acd\u0ab0\u0aae\u0a… | Gujarat Real Estate… | Shiv Shakti Enterpr… | https://drive.google.com/uc?id=1DlmdP64KjdBVrE6nHnljwFgpvbc24Eiz |
| GJ/CMP/V adoadra/21… | Gujarat | The complaint was withdrawn by the complainant, a… | ["Withdrawal of com… | {"appellant_claim": "Not provided", "respondent_c… | Aurovista Co-Op. Ho… | Shiv Shakti Enterpr… | https://drive.google.com/uc?id=1OZS_41Z-FWb4kdaZ89HvNPEr231HetUg |