SHIVALIK INFRASTRUCTURE AND DEVELOPER PRIVATE LIMITED

Introduction

When it comes to choosing a builder for your dream property, it's crucial to understand their track record and reputation. In this blog post, we'll explore the notable aspects of Shivalik Infrastructure and Developer Private Limited, including their legal history and its implications for potential buyers.

Legal Case Overview

Shivalik Infrastructure and Developer Private Limited has faced a total of two legal cases. Notably, the builder has won one case, while it lost another. The case that was won revolved around a claim made by an appellant for a refund of Rs. 28,50,000 along with interest and compensation for harassment due to non-delivery of possession of a flat. The builder, however, did not appear in the proceedings of the case they lost, leading to a decision made in favor of the appellant. The outcome included compensation for mental agony and litigation expenses amounting to a total of Rs. 80,000.

Analysis of Legal Cases

Patterns in Lost Cases

The sole case lost by Shivalik Infrastructure showcases a significant issue: failure to appear in court. This lack of response can negatively impact a builder’s credibility and indicates a potential mismanagement of legal obligations. Furthermore, the nature of the complaint — pertaining to non-delivery of the flat possession — highlights a concern for buyers regarding project timeliness and the builder’s commitment to fulfilling agreements.

Patterns in Won Cases

The case won by the builder demonstrates some insight into the legal landscape they are navigating. The key factor here is the absence of the respondent in the proceedings, which led to the builder being awarded a lower compensation amount. It portrays a possibly favorable outcome when the opposition does not participate, but it does not instill confidence regarding the builder's proactive measures to uphold their obligations or address client grievances effectively.

Conclusion

In summary, Shivalik Infrastructure and Developer Private Limited’s legal history reveals a mixed bag. While they have secured a victory in one case, the circumstances of that victory and the loss of another raise red flags for potential buyers. It’s essential for prospective property purchasers to approach this builder with caution, fully aware of their legal standings and the implications of past cases.

Tips for Potential Buyers

• Due Diligence: Always conduct thorough research on any builder's reputation. Investigate not only their completed projects but also their history with legal cases and client feedback.
• Engagement: Ensure that the builder communicates openly and addresses your queries. Lack of engagement can be a warning sign of future issues.
• Written Agreements: Insist on detailed contracts that outline timelines, obligations, and remedies in case of non-compliance.
• Watch for Red Flags: Be cautious of builders with unresolved legal issues or a pattern of complaints regarding project delays.

General Tips for Selecting Any Builder

• Check Reviews: Look for reviews and testimonials from previous clients. Pay attention to both positive and negative feedback.
• Visit Completed Projects: If possible, visit completed projects by the builder to assess the quality of construction and finishes.
• Consult with Experts: Seek advice from real estate professionals who may have insights into the builder’s reliability.
• Evaluate Financial Stability: Research the financial health of the builder to understand their capability to complete projects on time.

Choosing a builder is a significant decision that will impact your investment. Ensuring that the builder’s integrity and reliability meet your expectations is crucial for a positive home-buying experience.

Analysis of the cases filed against Shivalik Infrastructure and Developer Private Limited, where the builder lost, revealed several key themes and patterns. The primary disputes can be categorized into delayed possession claims, harassment and mental agony compensation, and refund and interest disputes.

The cases often revolved around the builder's failure to deliver possession of flats on time, leading to claims for refunds, interest, and compensation for mental harassment. In one notable case, the appellant sought a refund of Rs. 28,50,000 along with interest and compensation for the distress caused due to the delay in possession. The builder's lack of defense in these proceedings highlights a concerning trend where builders may not take legal obligations seriously, potentially indicating a systemic issue in their operational practices.

Common reasons for bringing cases to court included contesting delays in project completion, which reflects a broader pattern of dissatisfaction with builders' timelines. People may also dispute various penalties imposed on them by builders, arguing often that the delays are not attributable to homebuyers but rather to factors within the builder’s control. An examination of the outcomes shows that the builder faced compensation awards tied to mental agony and litigation expenses, signaling a legal recognition of the emotional and financial burdens imposed on buyers by builders' actions.

The builder lost these cases primarily due to their non-participation, which resulted in an automatic forfeiture of their defense. However, in cases where builders do participate, common reasons for their losses include insufficient evidence to justify delays, non-compliance with the promised timelines, and regulatory requirements. Additionally, a lack of clear communication regarding project status and timelines may lead to significant misunderstandings, further aggravating the legal disputes. Overall, these findings suggest a need for buyers to exercise caution and thoroughly vet builders before committing to a purchase, with a close eye on their legal history and customer reviews.