| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
When buying a home or investing in real estate, understanding the track record of builders is crucial. This blog post focuses on SHIVAM DEVELOPERS, a builder based in Gujarat, looking closely at their legal performance and overall reputation based on complaints and court cases.
Overview of SHIVAM DEVELOPERS
SHIVAM DEVELOPERS has faced a troubling number of complaints in their history, specifically totaling 9 complaints. Unfortunately, they have not won a single case in court, with all 9 cases resulting in losses. This raises significant concerns for potential buyers and investors considering properties developed by them.
Legal Case Breakdown
Cases Lost by SHIVAM DEVELOPERS
Among the 9 cases noted, one specific case highlights a critical issue:
- Claim Details: The appellant claimed ignorance of law concerning project registration, while the respondent (SHIVAM DEVELOPERS) argued that the appellant was aware but failed to register.
- Verdict: The authority ruled against the appellant, imposing a fine of Rs. 75,000.
This loss indicates a potential trend where the builder may not have adequately guided their clients about necessary legal processes, leading to confusion and non-compliance. Ignorance of the law was used as a defense, but the court didn’t find it compelling, suggesting a lack of adequate communication and support from the builder’s side.
Cases Won by SHIVAM DEVELOPERS
Interestingly, SHIVAM DEVELOPERS won 8 cases against various appellants:
- A majority of these victories revolved around the non-submission of final project reports by other builders involved.
- In one case, a complainant argued for a refund on a canceled allotment, claiming non-payment was due to the builder's issues, but the builder successfully dismissed this claim.
The cases they won indicate SHIVAM DEVELOPERS was proactive in defending their interests and ensuring they adhered to submission deadlines, albeit in a reactive manner due to complaints raised by others. However, the patterns indicate that issues in project completion reporting were common among their opponents, potentially signalling SHIVAM DEVELOPERS' involvement in projects that were not up to standard, hence leading to disputes.
Conclusion
The legal track record and the sheer number of complaints against SHIVAM DEVELOPERS suggest a prevention of further dealings. Their zero-win rate in the court indicates serious underlying issues that buyers should carefully consider.
Tips for Potential Buyers:- Research Thoroughly: Investigate the builder's reputation extensively. Look for reviews, visit completed projects, and speak to previous buyers if possible.
- Understand Legal Compliance: Ensure that all documentation regarding registration and approvals are in place. Employ a legal advisor to assist with due diligence.
- Be Cautious with Payments: Ensure clear terms regarding payment schedules, cancellation policies, and refund terms to safeguard your investment.
- Check Legal History: Always review any legal disputes involving a builder and their resolution history.
- Review Credentials: Ensure that the builder is licensed and has a positive history in the market.
- Visit Projects: Inspect current and completed projects to assess quality.
- Seek Recommendations: Word of mouth and reviews from past clients can provide invaluable insight into the builder's reliability.
- Negotiate Terms: Don't hesitate to negotiate terms in the sales contract to safeguard your investment.
Final Thoughts
With a track record marred by complaints and zero favorable outcomes, SHIVAM DEVELOPERS poses significant risks for potential investors. It's advised to proceed with caution, prioritize thorough research, and consult with professionals before making any buying decisions.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed against Shivam Developers, where the builder lost, reveals several key themes and patterns. The primary disputes can be categorized into two main topics: the builder's failure to submit final reports on their projects and disputes pertaining to project allotments and refunds.
The primary theme of failure to submit final reports encompasses the majority of the cases. In each instance, the appellants claimed that Shivam Developers had not provided the necessary documentation to verify the completion of their projects, despite multiple extensions of deadlines. The builder consistently claimed to have submitted these reports; however, the authority determined that they had not, leading to the imposition of penalties in every case of this nature. This highlights a significant issue with the builder's operational practices, specifically concerning their adherence to regulatory requirements and timelines.
The second theme involves disputes over project allotments and refunds. One notable case involved a complainant who paid Rs. 50,000 for a flat in Pushpak Exotica, only to have the allotment canceled. The builder justified this action by stating that the cancellation was due to the complainant's failure to pay the remaining amount owed. However, the outcome of this case was unique compared to the others, as the builder was found to have returned the payment made by the complainant, which led to the dismissal of the complaint.
Common triggers for litigation in these cases primarily revolve around the builder's non-compliance with legal or regulatory standards, particularly concerning project documentation and communication with buyers. The frequent imposition of penalties for delayed or unsubmitted final reports indicates a systemic flaw in how Shivam Developers handles these critical responsibilities.
The builder's losses in these cases can be attributed to several factors, including insufficient evidence to support their claims of report submissions and a lack of compliance with the necessary legal frameworks governing real estate projects. Additionally, misunderstandings or miscommunications with buyers regarding project allotments and payment requirements further exacerbated the legal challenges faced by the builder. Overall, this analysis underscores the importance for potential buyers to exercise diligence when considering a purchase from Shivam Developers, weighing carefully against the legal and operational issues evident in these cases.
This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.
| Case Number | State | Summary | Case Topic | Detailed Summary | Appellant Name | Respondent Name | Source |
|---|---|---|---|---|---|---|---|
| CMP/A/OFFLINE/VADOD… | Gujarat | Complainant paid Rs. 50,000/- for a flat in Pushp… | Return of payment f… | {"appellant_claim": "The complainant paid Rs. 50,… | Mr. Santosh Mukhlal… | Shivam Developers | https://drive.google.com/uc?id=18BuOg1cyevCSNLc4YN3cpgIgdSeob990 |
Here you’ll find cases where the builder sued others but didn’t win. We’ve included a simple summary and key takeaways from each case.
Analysis of the cases filed by the builder SHIVAM DEVELOPERS, which it lost, revealed several recurring themes and insights.
The cases primarily revolved around 'Regulatory Non-compliance,' which encompasses issues related to not registering projects in accordance with the law.
A critical aspect that emerged from the summaries is the builder's assertion of ignorance regarding legal requirements, juxtaposed with the opposing party's claim that the builder was indeed aware but chose to disregard them.
This theme highlights a significant legal obligation that builders must meet to ensure compliance, which, if overlooked, can lead to severe consequences such as fines or penalties.
Under the theme of 'Penalties and Fines,' one of the key disputes involved the imposition of a fine for failure to register the project.
The builder contested the authority's penalties, claiming unawareness of the law, but ultimately succumbed to the verdict that confirmed the penalties due to non-compliance.
Another area of concern identified in the case summaries is 'Project Registration Issues.'
The builder frequently brought cases to court in an attempt to contest the fines related to their failure to register specific projects.
They often attributed project delays to external factors, yet the opposing parties consistently maintained that the responsibility lay with the builder for their failure to adhere to legal standards.
Common reasons highlighted for the builder’s loss in these cases include factors such as insufficient evidence to support their claims, failure to comply with established legal and regulatory requirements, and a misunderstanding of land or project classification rules.
This indicates a pattern of misunderstandings on the part of SHIVAM DEVELOPERS regarding their responsibilities as a developer, which could serve as a cautionary note for potential home buyers.
For prospective buyers, these patterns suggest that due diligence in understanding a builder's compliance with regulatory practices is crucial. It's essential to thoroughly vet a builder's history and reputation, as issues of legal non-compliance can not only impact project timelines but also impose additional financial burdens in the form of penalties.
This dictionary provides a structured overview of the themes reflected in the legal cases involving SHIVAM DEVELOPERS, as well as a comprehensive analysis highlighting the implications for prospective homebuyers.