SHIVALIK REALTY

Evaluating SHIVALIK REALTY: A Detailed Insight into Their Legal Standing

When investing in real estate, potential buyers often consider a builder's reputation and track record. In this regard, SHIVALIK REALTY has a mixed record when it comes to legal disputes. This article aims to provide an in-depth analysis of SHIVALIK REALTY based on the number of complaints, their outcomes, and the implications for potential buyers.

SHIVALIK REALTY: Overview

SHIVALIK REALTY operates primarily in Gujarat and has faced a total of three complaints. Of these, they won 1 case and lost 2. Understanding the details behind these cases can shed light on the builder’s operational practices.

Legal Case Analysis

Cases Lost

SHIVALIK REALTY's case losses reveal some common factors:

1. Lack of Compliance: In the case they lost, the appellant accused SHIVALIK REALTY of failing to submit the quarterly reports for their project 'Shivalik Bungalows' as mandated by the Real Estate (Regulation and Development) Act. The builder defended their actions by citing technical issues that prevented report submission.
2. Authority's Judgment: While the authority exempted the builder from penal proceedings, the loss indicates issues with compliance and potentially highlights weaknesses in internal processes related to regulatory requirements.

Cases Won

In contrast, the cases SHIVALIK REALTY won reveal different factors at play:

1. Regulatory Violations: Both instances where the builder won involved accusations of violating regulations. The builder was held accountable in one case for failing to display their RERA registration number in advertisements, demonstrating that even if they won, there were lapses in compliance that resulted in fines. In the second instance, the builder's claim of having completed the project was undermined when they were found to have willfully failed on compliance regulations despite having completed the actual construction.
2. Technicalities Over Intent: The defenses presented by SHIVALIK REALTY often pointed to unintentional errors rather than willful negligence, which may indicate a tendency towards operational oversight rather than outright fraud.

Conclusion

SHIVALIK REALTY presents a complex picture for potential buyers. While they have won cases, the nature of the complaints and the legal findings suggest a need for improved regulatory compliance and better internal reporting mechanisms. For buyers considering purchasing property from this builder, it is advisable to:

• Thoroughly review project documentation and regulatory compliance status before making a decision.
• Engage with current residents or previous buyers to gauge their experiences.
• Ensure any promises made by the builder are documented.

General Tips for Selecting a Builder

1. Research Thoroughly: Investigate the builder's track record, looking at previous projects and any legal disputes.
2. Verify Credentials: Ensure the builder is registered with relevant regulatory bodies and has a clean compliance history.
3. Ask for References: Speak to past clients to obtain feedback on their experiences.
4. Consult Legal Experts: If possible, have legal counsel review any contracts or agreements before signing.

In summary, while SHIVALIK REALTY has faced challenges in the regulatory landscape, potential buyers can mitigate risks through due diligence and informed decision-making.

Analysis of the cases filed against Shivalik Realty that the builder lost revealed significant insights into their dealings with regulatory authorities and project management practices. The cases highlight two primary themes: non-compliance with RERA regulations and failure to submit mandatory reports on time.

The first theme, non-compliance with RERA regulations, is exemplified by the builder's violation of Section 11(2) of the Real Estate (Regulation and Development) Act, 2016. In this case, the builder failed to display their RERA registration number and website in advertisements for their project. This wasn’t an isolated incident; it reflects a broader pattern of neglecting regulatory obligations which may indicate a lack of professionalism in their operations.

The second theme revolves around the builder's failure to submit a final project report for 'Shivalik Bungalows' as required. Despite claiming to have completed the project and obtained necessary permissions, the builder's non-compliance with the reporting requirements led to a finding of willful failure to comply with regulations. These instances highlight a concerning trend where the builder may prioritize project expedience over regulatory adherence, potentially risking the integrity of their projects.

Common reasons for these legal disputes include the builder's failure to meet regulatory standards, resulting in imposed penalties, and their inability to fulfill reporting obligations, which further aggravates their legal standing. The patterns emerging from these cases suggest that Shivalik Realty may have an systemic issue with complying with legal and regulatory requirements, which could be a major red flag for potential buyers.

The builder's losses in these cases can be attributed to several factors, primarily their consistent non-compliance with the law. In each instance, the builder's actions (or lack thereof) demonstrated a disregard for the regulatory framework established to protect consumers and ensure the quality of real estate projects. Moreover, the builder's defenses often revolved around claims of unintentional errors and non-compliance due to external factors due to which they lost the cases as the authority did not accept their reasons and imposed fines.

An analysis of the cases filed against the builder, SHIVALIK REALTY, which the builder won, revealed the following information. The cases largely fell under themes such as regulatory non-compliance, project reporting issues, and challenges surrounding technical issues leading to non-compliance with specific reporting formats.

The primary claims made against the builder typically revolved around allegations of failing to submit necessary reports as mandated by the Real Estate (Regulation and Development) Act. In the instance reviewed, the appellant contended that the builder had not provided quarterly reports for their project 'Shivalik Bungalows'. The opposing claim was countered by SHIVALIK REALTY, stating that technical issues had hindered their ability to fulfill this requirement. Ultimately, the authority exempted the builder from penal proceedings and dismissed the complaint.

A notable pattern emerging from these summaries highlights the reasons why these complaints were brought to court, often tied to contesting penalties for perceived project delays or claiming non-compliance. This suggests that buyers and regulatory bodies may sometimes react strongly to perceived inefficiencies without fully understanding the underlying circumstances, such as technical difficulties faced by builders.

An analysis of the reasons behind the builder's success in these cases reveals that many claims lacked sufficient evidence or were rooted in misunderstandings of legal or regulatory requirements. In the incidence cited, the builder was able to assert that technical problems contributed to the complication, demonstrating that potential buyers or regulatory authorities had not adequately considered the complexities surrounding reporting and compliance processes in real estate projects.

These insights into SHIVALIK REALTY's legal battles suggest a robust reputation in the real estate market. It becomes evident that builders can be erroneously accused, leading to legal disputes that may stem from buyer misunderstandings or unsupported claims. The ability of SHIVALIK REALTY to effectively defend its position illustrates a strength in navigating regulatory challenges, reinforcing its standing as a credible player in the field.

Therefore, potential buyers must approach claims against builders with caution. The analysis of these cases shows that even amidst legitimate disputes within the real estate sector, builders like SHIVALIK REALTY can successfully counter unjust accusations. It is crucial for buyers to conduct thorough research and seek reliable information, ensuring informed decisions about whom to trust in their real estate ventures.