SHIVAJI MARG MAINTENANCE SERVICES LIMITED

Overview of Shivaji Marg Maintenance Services Limited

Shivaji Marg Maintenance Services Limited operates in the National Capital Territory of Delhi and has garnered considerable attention due to its legal history in real estate. In this blog post, we delve deep into the builder's involvement in legal cases and analyze key takeaways for potential buyers.

Legal Cases Against Shivaji Marg Maintenance Services Limited

Shivaji Marg Maintenance Services Limited has encountered two formal complaints from buyers, both of which revolved around a significant financial commitment. Here’s a succinct overview of the legal disputes:

1. Case Details:
   - Claim: Complainants alleged that despite paying Rs. 1,09,87,947, they had not received possession of the flat. They sought compensation for the accompanying delays.
   - Response from Builder: The builder argued that the project was not governed by the Real Estate Regulation Act, 2016, and thus the Authority lacked the jurisdiction to address the complaint.
   - Verdict: The Authority dismissed the complaint, affirming that the project was outside its jurisdiction; however, it mandated that possession of the flat should be handed over to the complainants within 45 days.

This same pattern occurred in both cases filed against the builder, indicating a consistent complaint regarding possession despite significant financial payment.

Analysis of Legal Patterns

Cases Lost:

The recurring theme in the lost cases suggests several common factors:

• Financial Commitment: In both situations, the complainants had made substantial payments without receiving the promised possession.
• Jurisdictional Defense: The builder consistently claimed that the project was not under the Real Estate Regulation Act, which was pivotal in the Authority's dismissal of the complaints.
• Possession Delay: Although the complaints were dismissed, the instructed possession handover indicates that the builder had a legal obligation that was not met in a timely manner.

Cases Won:

Interestingly, according to the data provided, Shivaji Marg Maintenance Services Limited has a record of winning no cases. The encountered complaints resulted in dismissals with directives rather than outright victories for the builder.

Overall Assessment of Shivaji Marg Maintenance Services Limited

Shivaji Marg Maintenance Services Limited's track record shows that while it may not have lost cases in the traditional sense, the nature of the complaints indicates potential issues in delivering on promises made to buyers. Failure to provide timely possession after receiving substantial payments signals a need for caution among potential buyers.

Tips for Potential Buyers

1. Beware of Delays: Given the recent history with delays in possession, buyers are advised to seek clarity on timelines and legal assurances before proceeding.
2. Understand Jurisdictional Dynamics: Familiarize yourself with the jurisdiction under which your project falls to avoid complications.
3. Document Everything: Maintain thorough documentation of all payments made and agreements signed to protect your interests in case of disputes.

General Buying Tips When Selecting a Builder

• Research Reputation: Investigate online reviews, past projects, and legal histories of builders to gauge reliability.
• Seek References: Reach out to previous clients to get insights into their experiences with the builder.
• Know Your Rights: Familiarize yourself with local real estate laws to better protect your interests as a buyer.

In conclusion, potential buyers should exercise due diligence while considering projects from Shivaji Marg Maintenance Services Limited given their history of complaints regarding possession delays. Having a clear understanding of your rights and researching the builder comprehensively can help you make an informed decision.

An analysis of the cases filed against the builder, Shivaji Marg Maintenance Services Limited, which the builder won, revealed the following information:

1. Delayed Possession Claims: These cases often centered around the complaints from buyers who had invested substantial amounts, yet did not receive possession of their flats in a timely manner. The essence of these claims touches on the expectations set by the builders concerning property delivery timelines.
2. Regulatory Compliance Disputes: In these instances, the builder defended itself against allegations of non-compliance with regulatory requirements. Notably, the builder argued that the projects in question were not covered under the Real Estate Regulation Act, 2016, asserting that the complaints lacked jurisdiction.

The common reasons behind these cases included disputes over claimed delays in possession and jurisdictional arguments regarding real estate regulations. Buyers often sought compensation for perceived delays, highlighting a pattern of dissatisfaction that could arise from varying expectations and understanding of legal frameworks.

Upon examining the reasons for the builder's successful defense, it is evident that many claims lacked substantial evidence or were misplaced in terms of regulatory alignment. For example, the authority determined that the projects in question were indeed out of scope for the stated regulation, leading to a favorable outcome for the builder. This indicates that buyers may sometimes base their claims on misunderstandings or assumptions regarding compliance and project classifications.

The analysis suggests that Shivaji Marg Maintenance Services Limited has maintained a robust reputation, having effectively navigated legal disputes which were often grounded in unfounded or exaggerated claims. It's crucial for potential buyers to recognize that unjust accusations can lead to lengthy legal battles, which sometimes stem from buyers' misunderstandings rather than substantive flaws on the part of the builder.

In conclusion, potential buyers are advised to conduct thorough research and make informed decisions when considering real estate investments. While genuine disputes do occur in the market, the outcomes of these cases illuminate that reputable builders, like Shivaji Marg Maintenance Services Limited, can assertively defend their positions against unwarranted claims. Careful consideration and reliable information are essential in assessing a builder's reputation.