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SHIVAM HOUSING SOCIETY

3.8/5 (1 case analyzed)
  • States Active In: Madhya Pradesh
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Year EstablishedNot Available
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Overall Case Outcomes

Understanding Shivam Housing Society

When considering a real estate investment, analyzing the builder's track record is paramount. In this blog, we will delve into the performance of Shivam Housing Society, focusing on their legal history, strengths, and recommendations for potential buyers.

Shivam Housing Society: Overview

Shivam Housing Society operates in the state of Madhya Pradesh and has a limited history of complaints. However, they have encountered legal challenges, notably losing one significant case. The complaints and legal cases associated with the builder provide crucial insights into their operating practices.

Legal Case Details

Shivam Housing Society has one documented complaint. In this instance, the applicant contended that the builder fraudulently sold a plot of land while neglecting to complete the necessary development work, ultimately causing financial and emotional distress. Conversely, the builder argued that these allegations were unfounded, asserting that the required development had been finalized prior to the implementation of the Real Estate Regulation and Development Act (RERA).

Despite the builder's defense, the adjudicating officer ruled in favor of the applicant, mandating Shivam Housing Society to compensate the complainant and complete the outstanding development tasks. This case showcases a troubling aspect of the builder's operations that potential buyers should consider seriously.

Analysis of Shivam Housing Society's Legal Record

Patterns in Cases Lost

  • Fraud Allegations: The central theme in the case lost revolves around accusations of fraud related to land sales and inadequate completion of developmental obligations. This indicates a potential pattern where buyers may feel misled or neglected in terms of the builder's commitments.
  • Financial and Emotional Distress: Complainants have reported not just financial losses but also emotional strain, suggesting that buyers could encounter significant challenges in their dealings with this builder.

Patterns in Cases Won

  • Defense of Completion Before RERA: While Shivam Housing Society has not won any cases, the argument made in their defense—claiming that development work was completed before RERA came into effect—suggests a strategy of leveraging regulatory timelines, albeit unsuccessfully.

Conclusion

Based on the data analysis, it is evident that Shivam Housing Society's performance raises red flags for potential buyers. With one complaint leading to a lost case and significant allegations of fraudulent practices, it’s crucial for buyers to exercise caution.

Tips for Potential Buyers

  1. Research Thoroughly: Before engaging with Shivam Housing Society, ensure you have conducted adequate research into their track record and gathered feedback from current or past customers.
  2. Review Documentation: Pay close attention to the agreements and contracts provided. Ensure all promised development work and timelines are clearly outlined.
  3. Seek Legal Counsel: If considering a purchase, consult with a real estate lawyer who can help interpret legal terms and conditions.

General Tips for Selecting Any Builder

  • Check Reviews: Look for reviews on independent platforms to gather a broader view on the builder's reputation.
  • Understand Legal Rights: Familiarize yourself with your rights as a buyer under relevant regulations like RERA which governs real estate transactions in India.
  • Visit Completed Projects: Investigating completed projects can give you a clear indication of the builder's quality of work and adherence to deadlines.

In conclusion, while Shivam Housing Society may increase options in the real estate market of Madhya Pradesh, it is imperative for prospective buyers to conduct thorough due diligence before making significant investments.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
Fraudulent Sales and Incomplete Development Compensation Claims for Financial Loss and Mental Agony

Analysis of the cases filed against Shivam Housing Society, where the builder lost, reveals several key themes and patterns. The primary disputes can be grouped into two main topics: Fraudulent Sales and Incomplete Development, and Compensation Claims for Financial Loss and Mental Agony.

The cases often involved allegations of fraudulent sales of plots, where buyers claimed where buyers claimed that they were sold land that was not developed as promised. This points to a significant breach of trust and contract by the builder. Buyers also sought compensation for the financial losses they incurred due to the builder's failure to complete the promised development work, which demonstrates a clear expectation that buyers had regarding the delivery of amenities and infrastructure.

A common reason for litigation in these cases was the builder's inability to fulfill their commitments. Buyers contested the builder's assertions that the development work was completed before the RERA Act came into force, indicating a misunderstanding or misrepresentation of the builder's obligations. The builder's defense often revolved around claims that the allegations were baseless, which suggests a defensive posture rather than one focused on customer satisfaction or problem resolution.

The builder lost these cases primarily due to a lack of evidence supporting their claims of completed development work. The Adjudicating Officer favored the applicants, highlighting the inadequacies in the builder's defense and the validity of the buyers' experiences of loss and distress. This trend indicates a systemic issue where the builder may not have been adhering to regulatory requirements or ensuring transparency in their dealings with buyers.

Overall, this analysis underscores the importance for potential buyers to exercise caution when engaging with builders that have a history of litigation and unresolved buyer grievances. It also highlights the need for buyers to be informed about their rights and to actively seek redress through legal avenues when necessary.

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