SHIVA GROWING DEVELOPERS

Introduction

When exploring the real estate market, it is vital to conduct thorough research on builders before making a significant investment. One builder that has recently come under scrutiny is Shiva Growing Developers, particularly for their performance in legal matters related to customer complaints. This blog post will delve into the details surrounding the builder, including their legal history, case outcomes, and what potential buyers should keep in mind.

Overview of Shiva Growing Developers

Shiva Growing Developers operates primarily in the state of Gujarat. Though the company has undertaken various projects, it is essential to note that they have faced customer complaints that have culminated in legal disputes. With a total of one complaint filed against them, the developer has lost that case, leading to important insights for potential clients.

Legal Case Details

In the recent legal battle:

• The complainant claimed that the builder failed to complete the construction of their flat and did not return the amount paid.
• In response, Shiva Growing Developers argued that the complainant did not pay the required installments on time, attributing the construction delays to various reasons.
• Ultimately, the decision rendered by the General Real Estate Appellate Authority (GERAA) was unfavorable for Shiva Growing Developers, ordering them to return the amount paid along with interest at a rate of 10.9% per annum.

Analysis of Case Patterns

Cases Lost

The sole case lost by Shiva Growing Developers points toward several potential patterns:

• Incomplete Construction: The primary complaint was related to the failure in completing construction, highlighting a crucial area of concern for buyers—the timeliness and quality of work.
• Financial Disputes: Issues over payment installments suggest that financial disagreements may be a common theme between the builder and clients, leading to a breakdown of trust and contractual obligations.

Cases Won

Interestingly, there are no cases won against the builder available in the provided data. This absence of successful defenses could indicate that the developer has likely encountered significant challenges in justifying their business practices or fulfilling their contractual promises.

Conclusion

Based on the information available, Shiva Growing Developers appears to have a troubled record with customer satisfaction and legal compliance, particularly in the domain of project completion and financial agreements.

Tips for Potential Buyers

1. Do Thorough Research: Before engaging with any builder, especially Shiva Growing Developers, take the time to investigate their past projects and client reviews. Look for testimonials regarding project completion and client service.
2. Understand Contractual Obligations: Ensure that all payment schedules and construction timelines are clearly outlined in your contract. This can prevent future disputes over payments and project milestones.
3. Seek Legal Guidance: Consider consulting with a legal expert, especially if you delve into projects with builders who've faced legal disputes in the past. This safeguard can help protect your investment.

General Tips for Selecting Any Builder

• Verify Credentials: Always check the builder's licensing, previous project portfolios, and reputation in the industry.
• Assess Financial Stability: Analyze the builder’s financial background to ensure they can fulfill project commitments.
• Compare Options: Don't hesitate to compare different builders and their offerings. Often, the best decision comes from reviewing multiple options.

By keeping these factors in mind, potential buyers can make informed decisions and minimize their chances of encountering issues similar to those faced by clients of Shiva Growing Developers.

Analysis of the cases filed against Shiva Growing Developers, where the builder lost, reveals several key themes and patterns. The disputes primarily center around two topics: delayed possession claims and disputes over payment and refunds.

In the case of delayed possession claims, the complainant often cited incomplete construction of their flat as a major grievance. The builder, in defense, typically attributed the delays to late payment of installments by the complainants and other unforeseen circumstances. This highlights a common trigger for litigation in real estate, where project delays often lead to disputes over responsibility and timely compensation.

The second theme, disputes over payment and refunds, emerges from the builder's failure to return amounts paid by the complainants upon incomplete delivery of the property. The verdicts consistently mandated refunds with interest, showcasing a legal expectation that builders must uphold their end of the financial agreement.

A pattern observed across the cases demonstrates that people commonly bring suits against the builder when they feel their payments have not been honored or their possession dates have not been met. The builder’s repeated losses suggest systemic issues that might point toward insufficient evidence provided during trials or a general lack of compliance with contractual obligations.

The frequent citation of delayed payments as a cause for project delays raises questions about the builder's project management and cash flow practices. It may indicate a broader problem where builders take on projects without ensuring they have the financial stability to complete them on schedule.

In conclusion, the cases against Shiva Growing Developers serve as a cautionary tale for potential buyers. Buyers should be vigilant and thoroughly investigate a builder’s reputation, financial health, and previous legal disputes before making any commitments. Understanding these factors can lead to informed decisions and potentially avoid prolonged legal battles.