SHIVAM BUILDTECH

Introduction to Shivam Buildtech

Shivam Buildtech is a construction company operating in Gujarat. While the company has an overall low number of complaints, it's essential for potential buyers to understand its track record when making a decision on property investment.

Legal History of Shivam Buildtech

In reviewing its legal history, Shivam Buildtech has faced one formal complaint. In this case, the company was found to have violated the Real Estate (Regulation and Development) Act, 2016, specifically regarding the non-display of their registration number and RERA website in advertisements, which is crucial for transparency and consumer protection.

Details of Legal Proceedings

• Complaint: The appellant claimed that Shivam Buildtech violated Section 11(2) of the Real Estate (Regulation and Development) Act by failing to display legally required information in their advertisements.
• Response from Shivam Buildtech: The company contended that the violation was unintentional, attributing it to negligence rather than willfulness.
• Verdict: Ultimately, the Authority deemed the company responsible, imposing a fine of Rs. 50,000, marking a loss in their legal encounters.

Analysis of Legal Cases

Patterns in Cases Lost

Shivam Buildtech demonstrates a pattern of legal issues surrounding compliance with regulatory requirements. In their single case loss, the violation was not about the quality of construction or customer service, but rather a regulatory oversight. This suggests a need for better adherence to legal advertising practices among builders.

Patterns in Cases Won

Interestingly, Shivam Buildtech has not won any cases. The absence of any favorable outcomes indicates potential issues in how the builder manages disputes or addresses regulatory mandates. This could reflect a lack of proactive measures to prevent legal pitfalls, which may concern potential buyers.

Conclusion: Overall Assessment of Shivam Buildtech

Given the provided data, Shivam Buildtech appears to have a blemished record with a single case lost and none won. While the company operates in Gujarat with a minimal number of complaints, the legal setback highlights a critical need for compliance with advertising regulations.

For potential buyers, this information should prompt careful consideration when thinking about entering into an agreement with this builder. It would be beneficial to conduct thorough research, ask for testimonials, and review any legal history to gauge reliability and trustworthiness.

Tips for Potential Buyers

1. Research Thoroughly: Look into online reviews and feedback from previous customers to gauge the builder’s reputation.
2. Verify Registrations: Always check if the builder is registered with RERA and if they meet all necessary regulations.
3. Ask Questions: Don’t hesitate to ask detailed questions about the construction processes, legal compliance, and timeliness of project delivery.

General Tips for Selecting a Builder

• Review Portfolio: Evaluate past projects to ensure they meet your quality standards.
• Check Financial Stability: A financially stable builder is less likely to default on project promises.
• Understand Terms Clearly: Make sure all terms of the contract are clear and all agreed-upon deliverables are documented.

By considering these factors, prospective buyers can make informed decisions when selecting a builder like Shivam Buildtech, ensuring their investments are secure and satisfactory.

Analysis of the cases filed against Shivam Buildtech, where the builder lost, revealed several key points across the various disputes. The cases can be primarily grouped into two common themes: regulatory non-compliance and penalties for violations.

The first theme, regulatory non-compliance, highlights the importance of adhering to the Real Estate (Regulation and Development) Act, 2016. In one significant case, Shivam Buildtech was found to have violated Section 11(2) of the RERA by failing to display their registration number and the RERA website in their advertisements. This points to a broader pattern of neglecting regulatory obligations, which could indicate a systemic issue within the builder's operations.

The second theme, penalties for violations, shows that the legal framework established by RERA has teeth and will impose fines on builders who do not comply. In the case mentioned, the Authority imposed a fine of Rs. 50,000 on Shivam Buildtech, demonstrating that such violations will not be taken lightly.

Common reasons for bringing cases to court include contesting these penalties and disputes over regulatory compliance. Builders may argue that violations were due to negligence rather than willful non-compliance, as seen in Shivam Buildtech's defense. However, the patterns emerging from these summaries suggest that the builder’s litigation often stems from a failure to meet regulatory standards.

Finally, examining why Shivam Buildtech lost these cases is crucial. The common factor in the case was the builder's admission of negligence, which underscores the importance of diligence in adhering to legal standards. Since the builder did not contest the factual violation, the case primarily revolved around the builder's accountability for the negligence, leading to the imposition of the fine.

In conclusion, the cases against Shivam Buildtech serve as a warning to builders about the necessity of complying with RERA and other regulatory frameworks. They also highlight the need for consumers to be informed about builders' track records regarding such compliance when making purchasing decisions.