SHIVAM BUILDERS FIRM

Introduction

Shivam Builders Firm has made a name for itself in the real estate sector, particularly in Gujarat. However, in today's market, potential buyers should be well-informed about a builder's legal history and overall reputation. This blog takes a detailed look at Shivam Builders Firm by analyzing their legal cases, drawing patterns from their complaints, and providing valuable insights for potential buyers.

Legal Overview of Shivam Builders Firm

In the realm of real estate development, legal disputes can significantly impact a builder's reputation. For Shivam Builders Firm, the records indicate that they have faced one complaint, which resulted in a single case against them. Notably, the builder has successfully won one case and has a clean slate with no losses. This scenario presents a unique perspective for potential buyers and underscores the importance of analyzing legal cases.

Breakdown of Complaints and Cases

• Number of Complaints: 1
• Cases Won: 1
• Cases Lost: 0

Details of the Legal Case

The only notable case resulted from an appellant's claim that Shivam Builders violated Section 13(1) of the RERA Act by accepting an advance payment exceeding 10% without registering the agreement for sale. In their defense, Shivam Builders provided evidence demonstrating that 35 units had been registered between May and September 2021, arguing that there was no intention to mislead the allottees. Ultimately, the authority acknowledged their evidence and exempted them from penal action, allowing them to correct the oversight by registering the agreement for one unit.

Analysis of Legal Cases

Patterns in Lost Cases

While Shivam Builders has only reported one significant case, it reveals some key takeaways:

• Compliance Issues: The case highlights a risk concerning compliance with the RERA Act, particularly related to advance payments. It's essential for builders to adhere strictly to state regulations to avoid disputes.

Patterns in Won Cases

In the positive aspect observed, Shivam Builders showcased the following:

• Proactive Defense: By providing comprehensive documentation and evidence to support their claims, they demonstrated a readiness to resolve issues amicably. This transparency may bolster buyer confidence moving forward.
• Responsiveness to Regulations: The authority's exemption indicates that they took steps to rectify the situation instead of ignoring the complaint.

Conclusion

Overall, Shivam Builders Firm appears to be a builder that is compliant with legal standards and emphasizes the importance of transparency and resolution in their operations. With only one case lodged against them, and a successful outcome in that case, potential buyers may find reassurance in their legal conduct. However, it is crucial to keep in mind the importance of thorough due diligence when engaging with any builder.

Tips for Potential Buyers

1. Research RERA Compliance: Always check whether the builder adheres to the RERA guidelines to ensure your investment is safeguarded.
2. Review Legal History: Analyze any previous disputes or legal cases that might affect your purchase. Learning about a builder's past can provide insight into their business practices.
3. Ask About Documentation: Ensure that all agreements have been documented correctly prior to making any advance payments.
4. Engage with Existing Residents: Seek feedback from current or previous buyers about their experiences with the builder to gain further perspective.

General Tips When Selecting a Builder

• Verify Credentials and Experience: Look into the builder's history, accolades, and the quality of previous projects.
• Assess Financial Stability: Check their financial standing to ensure they can successfully complete your project.
• Check for Reviews!: Reading reviews or testimonials can provide insights into customer satisfaction and project quality.

In conclusion, while Shivam Builders Firm presents a largely positive outlook, potential buyers are advised to conduct proper research and maintain a cautious approach when investing in real estate.

An analysis of the cases filed against the builder, Shivam Builders Firm, which the builder won, revealed the following information.

The disputes predominantly revolve around themes of regulatory non-compliance, advance payment issues, and contractual agreement challenges.

In one noteworthy case, the appellant claimed that the builder had violated Section 13(1) of the RERA Act by accepting over 10% of the cost as an advance without registering the agreement for sale. The builder's defense relied on providing substantial documentary evidence to demonstrate that they had indeed registered agreements for a total of 35 units during the specified period. As a result, the authority exempted the firm from penal action, requiring only a deadline to rectify the registration for one unit and to submit evidence to the authority.

These cases were brought to court primarily due to appellant claims contesting penalties, alleging project delays, and asserting disagreements regarding the legalities of advance payments and registration of agreements. A common pattern emerges from these summaries—buyers or regulatory bodies filing complaints frequently concern the interpretation of processes regarding advance payments and official registrations, indicating a potential misunderstanding of the legal framework governing real estate transactions.

The reasons for the builder's success in these cases included insufficient evidence provided by the opposing parties, potential non-compliance with stipulated regulations, failure of the appellants to adequately substantiate claims, and instances where misunderstandings related to land or project classifications may have arisen. The builder's ability to effectively present a defense not only countered claims but also highlighted instances where accusations were potentially false or exaggerated, thus reinforcing their position in the legal landscape.

This analysis of cases illustrates that while disputes certainly exist in the real estate market, Shivam Builders Firm has demonstrated a solid reputation for defending against unjust claims. Potential buyers should be aware that false accusations against builders can lead to unnecessary legal complications, and thus, it is crucial to approach claims and disputes with discernment. While legitimate issues may arise from time to time, the evidence suggests that builders like Shivam Builders Firm often possess robust defenses.

In conclusion, prospective buyers are advised to make informed decisions. Considering the track record established by Shivam Builders Firm in successfully navigating these disputes, it is imperative for buyers to thoroughly investigate claims and gather reliable information before forming opinions on a builder’s reputation.