SHIVAM PARIVAR DEVELOPERS PRIVATE LIMITED
- No of Complaints: 3
- States (Active in): Maharashtra
| CIN | U45200MH2005PTC152371 |
|---|---|
| Year Established | 1-Apr-05 |
| Address | 2/13 SIDDHARTH NAGARPART V PRABHODHAN KRIDA BHAVAN GOREGAON (W) MUMBAI MH 400104 IN |
| Company Status | Private |
Introduction
In the bustling real estate sector of Maharashtra, Shivam Parivar Developers Private Limited stands out, both for its ambition and the legal challenges it faces. With a notable number of complaints and court cases, potential buyers may be left wondering about the reliability of this builder. This article delves into the builder's legal history, highlighting any patterns in their cases and offering insights for prospective homebuyers.
Understanding Shivam Parivar Developers Private Limited
Shivam Parivar Developers Private Limited has encountered a total of three legal complaints, all leading to cases lost. Each of these legal battles centers primarily on issues related to delayed possession of flats, which has raised concerns among customers regarding commitment to timely delivery.
Legal Case Details
The summary of the legal cases reveals a recurrent theme. All three complaints involved appellants arguing that the builder failed to deliver possession of their flats as per the agreements made. They sought various remedies, including:
- Allotment of new flats
- Payment of differential amounts
- Interest for delayed possession
The builder, in response, claimed that the delays were caused by factors beyond their control, and they often sought the dismissal of these complaints. However, all three cases resulted in losses, setting a concerning precedent. The fact that these cases were repeatedly restored for a fresh decision by the Appellate Tribunal indicates ongoing issues that have yet to be resolved in favor of the builder.
Patterns in Legal Cases
Cases Lost:
In analyzing the cases Shivam Parivar Developers has lost, it is evident that:
- Consistent Claims: All appellants raised the same core issue regarding delays in flat possession, indicating widespread dissatisfaction with the builder's performance.
- Legal Strategy: The builder’s defense has typically revolved around attributing delays to external circumstances. However, this defense has not proven successful in the eyes of the tribunal.
Cases Won:
Interestingly, although the builder has lost all cases, one notable outcome from the ongoing legal battles is the Appellate Tribunal’s decision to allow cases to be heard again. This implies:
- Opportunity for Reassessment: The restoration of complaints for fresh decisions suggests that the legal framework provides opportunities for resolution, which the builder may leverage in the future.
- Pandemic Impact: In a third case, the builder pointed out the pandemic's effect on operations, which generally aligns with the broader industry narrative during COVID-19.
Conclusion
Shivam Parivar Developers Private Limited presents a mixed picture when evaluated on its legal performance. With three lost cases and no victories, buyers should proceed with caution. The recurring issues surrounding delayed possession highlight a potentially deeper operational challenge that prospective buyers should consider.
Tips for Potential Buyers
- Conduct Thorough Research: Before committing to a purchase, ensure to research the builder's track record and seek out reviews from current homeowners.
- Seek Legal Advice: If you decide to purchase, consider having a legal expert review the contracts to ensure your rights are protected and clarify possession timelines.
- Evaluate Timelines: Pay close attention to timelines provided by the builder and consider whether they have cold aspects such as penalties for delays.
General Tips for Selecting a Builder
- Reputation Matters: Prioritize builders with strong reputations and robust portfolios of completed projects.
- Ask for References: Speak to past customers about their experiences, particularly regarding timely construction and post-purchase support.
- Understand Your Rights: Familiarize yourself with consumer rights pertaining to real estate transactions, especially in your state.
In the end, while Shivam Parivar Developers Private Limited has potential, the legal landscape suggests a cautious approach for anyone looking to invest in their developments.
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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 Parivar Developers Private Limited, where the builder lost, revealed several key themes and patterns. The cases primarily revolved around delayed possession claims, with multiple appellants asserting that the builder failed to deliver flats as per their agreements. These claims often sought various reliefs, including new flat allotments, differential amount payments, and interest compensation for the delays.
A common defense presented by the builder attributed the possession delays to circumstances beyond their control. However, the Appellate Tribunal did not accept this defense in several instances, leading to decisions that favored the appellants. The tribunal's ruling typically mandated a fresh review of the complaints by the Authority, indicating a willingness to listen to the grievances of the buyers rather than accept the builder's justifications outright.
Additionally, there were cases that highlighted issues related to document production and the compliance with legal procedures. Delays in producing certified copies of orders resulted in further litigation, with the builder's applications to condone these delays being closely scrutinized. The tribunal's ruling in these cases demonstrates a concern for procedural compliance and timely action, which reflects a broader theme of accountability in the real estate sector.
The patterns emerging from these cases suggest that buyers were commonly driven to litigation by the builder's inability to meet contractual obligations, particularly concerning timely possession of properties. The builder's repeated losses in these cases indicate a systemic issue that might point toward poor project management or financial difficulties, both of which could affect their ability to complete projects on schedule.
The builder's defense—that delays were due to circumstances beyond their control—was not only unsuccessful in multiple cases but also indicates a lack of transparency about project challenges and timelines. Furthermore, the builder's failure to produce necessary documents in a timely manner raises concerns about their organizational practices and adherence to legal requirements.
Overall, these cases paint a picture of a builder facing significant challenges in meeting buyer expectations and complying with regulatory frameworks. Buyers considering projects by Shivam Parivar Developers Private Limited should exercise caution, weighing these legal issues against their investment decisions. It is crucial for buyers to conduct thorough due diligence, which includes examining a builder's legal history and project management track record, before committing to a purchase.
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 |
|---|---|---|---|---|---|---|---|
| M. A. No. 33/23 (Pr… | Maharashtra | Application for production of document relating t… | ["Delay condonation… | {"appellant_claim": "The appellant claims that th… | Mr. Anil Kumar & Or… | Shivam Parivar Deve… | https://drive.google.com/uc?id=12OA7iSpA2zxkUuKmkK6Lxn8l1pUZTvHQ |
| AT005000000053188 | Maharashtra | Appellants challenged the order of the Adjudicati… | ["Real Estate", "RE… | {"appellant_claim": "Appellants claimed that the … | Asha Rajesh Khandhar | Shivam Parivar Deve… | https://drive.google.com/uc?id=1FMZg_CIFzfJziNY2RPk2jOcaav4YW41L |