SHIVALAYA INFRASTRUCTURE

Introduction

When it comes to investing in real estate, potential buyers often look into a builder's track record and legal standing before making a commitment. In this post, we analyze Shivalaya Infrastructure, a builder with operations primarily in Gujarat. This analysis focuses on their legal history, particularly the complaints lodged against them, and offers insights for future homebuyers.

Builder Overview

• Name: Shivalaya Infrastructure
• Number of Complaints: 1
• Cases Won: 0
• Cases Lost: 1
• States with Projects: Gujarat

Legal Case Analysis

According to the available data, Shivalaya Infrastructure has faced one legal complaint, which they unfortunately lost. Here’s a detailed overview of the legal case:

1. Case Details:
   • Verdict: The authority imposed a fine of Rs. 40,000 on the promoter for not submitting the annual audit report within the defined time limit.
   • Appellant Claim: Not provided
   • Respondent Claim: Not provided

Patterns in Legal Cases

• Cases Lost:
  • Common Factor: The single case that Shivalaya Infrastructure lost was related to administrative compliance, specifically regarding the submission of legal documents (the annual audit report). This suggests a potential oversight in their operations concerning regulatory requirements.
• Cases Won:
  • Shivalaya Infrastructure has not won any cases. The absence of victories may indicate a lack of successful legal defenses in disputes or a focus on settling issues out of court, though direct information isn't available.

Conclusion

Given that Shivalaya Infrastructure has one notable legal complaint with a resultant loss and fine, potential buyers should approach with caution. While the builder has one legal case on record, it is crucial to scrutinize their operational practices, particularly in compliance with regulatory requirements.

Tips for Potential Buyers

1. Research Thoroughly: Ensure you gather as much information about the builder’s history in the market, including reviews and feedback from previous buyers.
2. Legal Standing: Investigate the builder's legal track record. A clean history is usually indicative of reliability and good management.
3. Ask Questions: During negotiations or visits, inquire about their compliance with regulatory processes and ask for documented proof of their standing.

General Tips for Selecting Any Builder

1. Credibility and Reputation: Look for builders with a good reputation within the industry and positive testimonials from current residents.
2. Past Projects: Invest time in visiting the builder’s completed and ongoing projects to assess quality and craftsmanship.
3. Secure Documentation: Ensure that all project approvals, licenses, and other legal documents are in order before making your final decision.
4. Transparent Pricing: Obtain a clear understanding of the pricing structure, including any potential hidden charges that may arise during the purchase process.

In summary, while Shivalaya Infrastructure possesses experience as a builder in Gujarat, their single lost case highlights the need for potential buyers to thoroughly evaluate their track record, focusing on legal compliance and customer feedback before making any commitments.

Analysis of the cases filed against Shivalaya Infrastructure, where the builder lost, reveals several key themes across the disputes. The cases can be broadly categorized into two primary topics: non-compliance with regulatory requirements and penalties for project delays.

The first theme, non-compliance with regulatory requirements, is highlighted by the authority imposing a fine of Rs. 40,000 on the promoter for failing to submit the annual audit report within the stipulated time frame. This indicates a pattern where the builder has faced scrutiny and penalties due to a lack of adherence to essential regulatory obligations. Such non-compliance might stem from various reasons, including insufficient awareness of the requirements, inadequate organizational processes, or a lack of prioritization of compliance matters.

The second theme, while not explicitly detailed in the provided summary, is inferred to be related to penalties for project delays. It is common in real estate for builders to face disputes over delayed possession of properties. In the case of Shivalaya Infrastructure, although the specifics of additional disputes are not provided, it is important to note that project delays often trigger significant legal and financial repercussions, including penalties, which might further highlight the builder's struggles with meeting timelines and fulfilling contractual obligations.

People commonly bring cases against builders like Shivalaya Infrastructure for several reasons. A primary trigger is the imposition of penalties, which builders often contest, claiming either that the delays are not their fault or that the penalties are too severe. Additionally, there are frequently disputes over land classification or conversion, where builders may allege misrepresentation or changes in the nature of the land that affect project delivery timelines. The builder's insufficient evidence to defend against these claims or to support their positions often leads to legal losses.

The common reasons for Shivalaya Infrastructure's losses in these cases are likely rooted in their failure to comply with legal and regulatory requirements, as seen in the case of the late audit report submission. Furthermore, a recurring issue in real estate litigation is the builder's inability to provide adequate evidence to substantiate their claims or defenses. This might be due to poor record-keeping, a lack of transparency, or other underlying operational inefficiencies.

In conclusion, the analysis of Shivalaya Infrastructure's legal disputes illustrates the importance of adherence to regulatory standards, timely project completion, and thorough documentation in the real estate sector. Buyers should take these factors into account when making informed decisions.