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Overall Case Outcomes
Introduction
In the bustling real estate market of Gujarat, SHIVA DEVELOPERS has made its mark, but like many builders, it has faced its share of challenges. This blog post delves into the builder’s legal history, offering valuable insights for potential buyers.
Complaints and Legal Cases
SHIVA DEVELOPERS has been the subject of 4 complaints. Among these legal challenges, they won 1 case and lost 3 cases. Understanding the ramifications of these outcomes can provide potential buyers with crucial information.
Lost Cases Analysis
- Illegal Construction Claim: The sole case that the builder lost revolved around an appellant's claim that SHIVA DEVELOPERS constructed a compound wall illegally, thereby obstructing access to her plot. In defense, SHIVA DEVELOPERS stated that the wall was, in fact, built by the neighboring plot owner. Ultimately, the case was dismissed, affirming that SHIVA DEVELOPERS was not responsible for the claimed obstruction.
Common Pattern: …
Cases Lost by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
Analysis of the cases filed against Shiva Developers, where the builder lost, revealed significant insights into their legal disputes. The cases can be broadly categorized into two themes: RERA Compliance Violations and Failure to Furnish Mandatory Reports.
The RERA Compliance Violations encompass a series of cases in which the builder was penalized for not adhering to the Real Estate (Regulation and Development) Act, 2016. Specifically, the violations centered around the builder's failure to display their RERA registration number and website in advertisements. This reflects a pattern of neglecting regulatory obligations, leading to legal consequences. The authority imposed fines ranging from Rs. 20,000 to Rs. 1,25,000 in these cases, indicating a serious concern about the builder's advertising practices.
The theme of Failure to Furnish Mandatory Reports is highlighted by a case where the builder was penalized for not submitting an annual audit report within the prescribed timeframe. This raises concerns …
Individual case details available for subscribers.
Cases Won by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed against the builder, SHIVA DEVELOPERS, which the builder won, revealed the following information.
The cases primarily revolved around disputes regarding the legality of constructions, where opposing parties often claimed that certain structures were built in an illegal manner
or were obstructing access to their properties. A notable example includes a case where the opposing party stated that a compound wall was illegally constructed, allegedly obstructing access to their plot.
However, the builder successfully defended itself by providing evidence that the wall in question was erected by a neighboring plot owner, not by SHIVA DEVELOPERS.
These cases often arise due to misunderstandings, misattribution of responsibility for construction-related issues, or outright false claims by buyers or neighboring parties.
Common reasons why these cases reached the court included contesting the legality of constructions and property obstruction claims, suggesting that vigilance on part of the builders …
Individual case details available for subscribers.
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