SHIVA PROFINS PRIVATE LIMITED

Understanding Shiva Profins Private Limited: Successes and Legal Challenges

Shiva Profins Private Limited has established its presence primarily in Haryana. While their construction projects might have potential, the builder's legal track record shows a mix of wins and losses in customer complaints. In this blog post, we will dive into the nature of these legal challenges and what they could mean for prospective buyers.

Legal Background: An Overview

The builder has been involved in a total of four complaints. Out of these, they lost three cases and won one case. The legal landscape is often a telling factor of a builder's reliability, and understanding these cases can provide valuable insight for potential customers.

Cases Won: Building the Case for Success

Shiva Profins Private Limited demonstrates some success in handling buyer complaints. In the cases they won, the following patterns emerged:

1. Claims Related to Delayed Possession: All three successful cases revolved around the theme of delayed possession. Complainants sought interest payments or refunds based on the delays in receiving their properties.
2. Interest Payments: The authorities consistently directed the builder to pay interest at prescribed rates due to the delays, signaling the courts' acknowledgment of buyers' rights in such situations.
3. Refunds with Conditions: In one case, despite a refund being ordered, a deduction of 10% from the sale consideration indicated some recognition of underlying complications in the transactions. This suggests that while the builder was held accountable, the courts also considered mitigating circumstances.

These outcomes may reflect positively on the builder's ability to navigate complex legal waters when faced with demand for redress from customers, at least in cases where they have had to pay interest or refunds.

Cases Lost: Areas of Concern

On the flip side, the cases where Shiva Profins Private Limited lost displayed some significant factors:

1. Settlement Waivers: One notable case ended with the appellant waiving all claims in a settlement agreement, indicating that negotiation outcomes can sometimes overshadow legal proceedings. This situation might imply a strategic decision by the buyer rather than a definitive loss for the builder.
2. Defensive Claims: In cases that they contested, the builder's claims often hinged on emphasizing external factors (like force majeure or pandemic impacts) that were beyond their control. This might suggest that while they may have legitimate defenses, the outcomes were unfavorable nonetheless.

Conclusion: What It Means for Potential Buyers

While Shiva Profins Private Limited has had some noteworthy wins, the overall legal history presents a mixed picture. For prospective buyers navigated through the uncertainty of the property market and legal frameworks,

• Assess Legal Health: Review the builder's legal track record carefully. Understand the context of previous complaints and whether they have been resolved satisfactorily.
• Know Your Rights: Familiarizing yourself with consumer rights in real estate consultancy can empower you when dealing with builders.
• Consider Settlements: Be open to negotiations if issues like delays arise, as many cases highlight the potential for reaching satisfactory settlements outside of court.

General Tips for Buyers When Selecting Any Builder

• Research: Investigate the builder's complaint history, project completion rate, and customer reviews.
• Check Registrations: Ensure the builder is compliant with local regulations and registered with relevant authorities.
• Ask Questions: Don’t hesitate to ask the builder pertinent questions about delays, financial health, and project timelines before making a commitment.

In conclusion, while Shiva Profins Private Limited has demonstrated a mixed track record in the legal realm, potential buyers should remain vigilant and informed to make the best decisions for their investment.

An analysis of the cases filed against the builder, Shiva Profins Private Limited, which the builder won, revealed the following information.

The disputes primarily revolved around claims made by opposing parties seeking unspecified amounts, which were confronted by the builder’s assertion that these claims had been waived in prior settlement agreements.

The common theme in this collection of cases highlights the nature of disputes regarding the waiver of claims. Buyers or opposing parties often brought these cases to court to contest penalties or seek redress for alleged grievances. The recurring reason for these legal battles appears to be a misunderstanding or dispute regarding the terms and implications of settlement agreements, leading to claims that were already resolved or misunderstood.

In examining why Shiva Profins Private Limited prevailed in these cases, it becomes clear that sufficient evidence was lacking from the opposing parties, coupled with instances where claims were indeed waived in settlements.

This indicates that the builder had effectively managed its legal affairs, ensuring that agreements were clear and binding, and demonstrating that meritless or exaggerated claims—often stemming from buyer discontent or miscommunication—were not upheld in court.

This analysis sheds light on the reputation of Shiva Profins Private Limited within the broader real estate market. It highlights the principle that while valid disputes certainly exist in real estate transactions, some allegations can be baseless. The builder has consistently defended itself against unjust claims, establishing a strong track record.

In conclusion, potential buyers are encouraged to exercise due diligence and to make informed decisions.

While the real estate landscape can indeed be fraught with issues, the findings from these cases suggest that builders like Shiva Profins Private Limited can often successfully defend their positions against accusations that lack merit.

Buyers should approach claims with caution and seek reliable information before forming opinions about a builder's reputation.