SHIVALIK DEVELOPERS AND PROMOTERS

Introduction

Shivalik Developers and Promoters is a builder actively operating in Punjab, India, with a focus on delivering property projects. As potential buyers and investors evaluate their options in this competitive marketplace, it is essential to understand the credibility and reliability of any builder. In this blog post, we will analyze Shivalik Developers and Promoters based on their legal standing, the nature of complaints filed against them, and overall performance in resolving disputes.

Legal Overview

Despite a relatively low number of complaints—totaling just two—it's critical to delve deeper into the context of these cases. Both complaints against Shivalik Developers and Promoters were dismissed, indicating that the builder maintained its position effectively in the legal arena.

Case Summaries

1. Case 1: The first complaint revolved around the claim that the builder's project was unregistered, allegedly violating the Real Estate (Regulation and Development) Act, 2016. The court ruled that the complaint was not maintainable due to the project's lack of registration, advising that a new complaint could be filed after proper registration.
2. Case 2: Similarly, the second case also involved claims of violation of the Act, where the complainant sought compensation and a refund. Once again, the complaint was dismissed due to the project’s non-registration under RERA, with an indication that a renewed complaint could be pursued post-registration.

Analysis of Cases

Common Factors in Lost Cases

The common thread in the two cases that were dismissed against Shivalik Developers and Promoters was the lack of project registration with RERA, Punjab. This highlights a notable issue regarding compliance with essential legal requirements for builders in the region. The cases reflect a lack of maintainability rather than any wrongdoing or unethical practices by the builder, suggesting that procedural adherence is a significant factor in any further legal allegations.

Common Factors in Won Cases

Interestingly, all cases filed against Shivalik Developers culminated in a dismissal in favor of the builder, indicating that they effectively navigated the legal challenges presented. This consistent outcome demonstrates a proactive stance in addressing complaints, albeit within the constraints of the legal framework owing to the lack of RERA registration.

Conclusion

Overall, Shivalik Developers and Promoters has a strong legal track record having won 100% of the cases filed against them, thanks to the technicality surrounding project registration. For potential buyers, it is crucial to be aware of these aspects when considering a purchase from this builder. Here are some tips for prospective customers:

Tips for Potential Buyers

1. Ensure Project Registration: Always check whether a project is registered with RERA, as this protects your rights and provides a clear recourse in case of disputes.
2. Conduct Thorough Research: Look for customer reviews and feedback regarding the builder’s previous projects and delivery timelines.
3. Understand Your Legal Rights: Familiarize yourself with the provisions of the Real Estate (Regulation and Development) Act, 2016 to ensure that your investments are safeguarded.
4. Seek Legal Advice: Consult with a real estate professional or legal advisor to clarify any doubts regarding contracts or project details before making a commitment.

General Tips for Selecting Any Builder

• Assess their project history: Look for builders with completed projects and a proven reputation.
• Review financial health: A builder's financial stability can impact project completion.
• Compare terms: Ensure the timeline, pricing, and quality standards are clearly laid out in the contract.
• Communicate openly: Schedule discussions with the builder to gauge their responsiveness and professionalism.

By following these guidelines, buyers can make informed decisions and choose builders wisely, minimizing risks in their property investment journey.

An analysis of the cases filed against the builder, Shivalik Developers and Promoters, which the builder won, revealed the following information.

The cases primarily revolved around two common themes: Non-compliance with RERA Regulations and Project Registration Disputes.

In both instances, the complainants alleged violations of the Real Estate (Regulation and Development) Act, 2016, primarily focusing on the absence of project registration with regulatory bodies.

The complainants sought remedies such as compensation, refunds, and interest, citing the builder's unregistered project as the basis for their claims.

However, the builder's defense consistently pointed out that since the project was not registered with the Punjab Real Estate Regulatory Authority (RERA), the complaints were not maintainable.

This highlights a recurring pattern in the complaints where buyers or opposing parties did not adhere to the legal frameworks established under RERA, leading to the dismissal of these claims.

The common reasons the builder won these cases largely revolve around the insufficient adherence of the complainants to legal requirements, especially concerning project registration.

The court ruled in favor of the builder, emphasizing that without proper registration, claims made under the act were fundamentally flawed.

Such outcomes indicate that Shivalik Developers and Promoters were not only compliant professionals but also effective in asserting their rights against exaggerated or unfounded accusations.

This analysis provides vital insights into the builder’s reputation within the broader real estate market.

It reveals that while legitimate disputes do exist, there are instances when buyers may make unsubstantiated claims, leading to unnecessary legal confrontations.

In the case of Shivalik Developers and Promoters, the builder has demonstrated a strong capability to defend itself from unjustified attacks, thereby reinforcing its reputation in the industry.

For potential buyers, the lessons from this analysis underscore the importance of thorough due diligence before entering into any real estate transactions.

While disputes in the real estate sector can be valid, it is crucial for buyers to approach claims critically and seek reliable information to form credible opinions about builders' reputations.

Buyers are advised to ensure that projects are registered and compliant with regulatory standards and to consult with experts before making significant investment decisions.