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SHIVAM ENCLAVE

3.8/5 (1 case analyzed)
  • States Active In: Gujarat
CINNot Available
Year EstablishedNot Available
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Company StatusNot Available

Overall Case Outcomes

Understanding SHIVAM ENCLAVE: What You Need to Know Before Investing

When considering a real estate investment, the reputation and reliability of the builder play a crucial role. In this post, we will take a detailed look at SHIVAM ENCLAVE, a builder currently operating in Gujarat, and analyze its performance based on legal matters and customer complaints.

Overview of SHIVAM ENCLAVE

  • Name: SHIVAM ENCLAVE
  • States with Projects: Gujarat
  • Number of Complaints: 1
  • Cases Won: 0
  • Cases Lost: 1

This looks like a builder who faces some scrutiny, considering the only complaint lodged against them has not ended in their favor.

Legal Case Analysis

Cases Filed Against the Builder

SHIVAM ENCLAVE has one recorded case against them, which they lost. This case revolved around an alleged violation of the Real Estate (Regulation and Development) Act, 2016, specifically regarding the lack of a RERA registration number in an advertisement. The appellant argued that this omission was a violation of regulations designed to protect buyers in the real estate market.

The builder’s defense claimed that the advertisement was flawed and asserted that they had handled the matter according to the provisions of Section-11(2) of the same act. However, the outcome was not favorable; SHIVAM ENCLAVE was fined Rs. 1,25,000 for the violation. This indicates a serious lapse in compliance with critical real estate regulations, which could raise red flags for potential buyers.

Patterns Identified in Legal Cases

  • Lost Case Analysis:
    The lost case highlights a failure to comply with established real estate advertising regulations, which is a concerning trend for a builder. It signals a lack of attention to legal obligations that could impact buyers significantly.
  • Won Case Insights:
    SHIVAM ENCLAVE has 0 cases won, further indicating a troubling pattern in their legal dealings. This indicates that they might struggle to defend themselves against claims made by buyers or state authorities.

Conclusion: Assessing SHIVAM ENCLAVE

SHIVAM ENCLAVE has faced legal challenges that may indicate a pattern of negligence regarding compliance with regulations. With only one formal complaint resulting in a loss and no previous wins, potential investors should proceed with caution.

Tips for Potential Buyers

  1. Conduct Due Diligence:
    Before committing to a purchase, research the builder's history, including any ongoing or past legal issues.
  2. Read Reviews and Testimonies:
    Look for experiences from past buyers, as their insights can help you gauge the builder's reliability and commitment to quality.
  3. Seek Transparency:
    Ensure that the builder provides all necessary documentation and adheres to regulatory standards, especially RERA registration, which ensures consumer protection.
  4. Inspect Previous Projects:
    If possible, visit other properties developed by SHIVAM ENCLAVE to evaluate their quality and construction standards.

General Tips for Selecting a Builder

  • Verify Credentials: Ensure the builder is registered and has all necessary licenses.
  • Assess Financial Stability: A financially stable builder is less likely to encounter issues that could affect project completion.
  • Understand the Contract: Thoroughly read the contract terms, ensuring all promises made by the builder are documented.

By taking these precautions, you can make a more informed decision when considering investing in a property developed by SHIVAM ENCLAVE or any builder. Always prioritize transparency and quality, as these are vital components of a successful real estate investment.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
Regulatory Non-compliance Violations of the Real Estate (Regulation and Development) Act 2016

Analysis of the cases filed against Shivam Enclave that the builder lost reveals several key points across the spectrum of disputes encountered in real estate transactions. The cases highlight two primary themes: regulatory non-compliance and violations of the Real Estate (Regulation and Development) Act, 2016 (RERA).

In terms of regulatory non-compliance, the cases demonstrate a pattern where the builder has faced scrutiny for failing to adhere to the mandated requirements outlined in the RERA. Specifically, the builder was found to have violated the provisions of the Act by not mentioning the required RERA registration number in an advertisement. This highlights a broader issue often encountered in the real estate sector where builders may neglect compliance with regulatory frameworks, potentially misleading buyers and undermining transparency.

The reasons people commonly bring cases to court against Shivam Enclave primarily revolve around allegations of regulatory non-compliance, as evidenced by the cases summarized. Buyers and the regulatory authorities may contest advertisements or project notifications that fail to provide required registration details. Such cases reflect a growing pattern of vigilantism among buyers who are increasingly aware of their rights under the RERA and are willing to hold builders accountable for any violations.

Examining the outcomes of the cases, it is clear that Shivam Enclave has faced penalties due to insufficient compliance with the legal requirements set forth by the RERA. In one notable instance, the builder was fined Rs. 1,25,000 for the aforementioned violation. The common factor in the builder’s losses is a distinct lack of adherence to regulatory standards, which underscores the importance of transparency and compliance in the real estate sector.

In conclusion, the cases against Shivam Enclave serve as a warning to builders about the necessity of adhering to the RERA and other regulatory standards. For potential buyers, these cases highlight the importance of conducting thorough due diligence and ensuring that builders comply with all necessary regulations before making any purchase decisions.

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