SHIVANAND INFRACON PRIVATE LIMITED

Introduction

Shivanand Infracon Private Limited is a builder based in Gujarat, known for its involvement in various real estate projects. However, the company's legal history raises concerns that prospective buyers should consider before making a purchasing decision. This blog delves into the builder's track record based on complaints, case outcomes, and legal challenges.

Legal Case Overview

Shivanand Infracon has faced a total of 4 legal complaints, and, notably, the builder has lost all 4 cases. This unfavorable outcome points to potential issues regarding compliance with legal and regulatory standards in the real estate sector.

Summary of Legal Cases

The outcomes of the legal cases against Shivanand Infracon reveal troubling details:

• The builder was penalized multiple times for failing to submit final project reports as mandated by law.
• In one instance, they faced a ₹10,000 penalty for not meeting the deadlines for report submission, citing unforeseen circumstances.
• In another case, penalties ranged significantly, from ₹50,000 to ₹4,40,000, highlighting a systemic issue in adhering to regulatory obligations.
• Additionally, in one of the cases, the builder claimed ignorance of the law as a defense, which ultimately did not absolve them from the legal repercussions.

Patterns and Analysis

Common Factors in Cases Lost

1. Failure to Submit Reports: A consistent issue across all lost cases is the builder's inability to submit final and quarterly reports on time, a fundamental requirement under the Real Estate (Regulation and Development) Act (RERA).
2. Penalties Imposed: Significant financial penalties were levied against the builder, indicating a pattern of non-compliance with the rules that govern real estate developers.
3. Defensive Claims Found Lacking: The builder's claims of unforeseen circumstances and ignorance of the law did not sway legal authority, showcasing a lack of sufficient accountability or due diligence.

Common Factors in Cases Won

While the information specifies that all cases were lost, the summary does indicate instances where the authority found fault mainly with the builder's failure to submit necessary reports. The nature of these cases did not favor Shivanand Infracon, suggesting a consistently negative standing in legal evaluations.

Conclusion

Shivanand Infracon Private Limited's legal history presents a concerning profile for potential buyers. With a clean slate of 0 cases won and 4 cases lost, there is a clear indication of systematic issues within the company's operations.

Tips for Potential Buyers

1. Conduct Thorough Research: Prospective buyers should perform due diligence by researching the builder's history, including any legal complaints or disputes.
2. Request Documentation: Always ask for proper documentation regarding project approvals, timelines, and adherence to RERA guidelines before making any commitments.
3. Consider Third-Party Reviews: Look for third-party reviews or feedback from previous customers to get a clearer picture of the builder's reliability and service quality.
4. Consult Legal Experts: It's advisable to consult with legal professionals experienced in real estate to understand the implications of the builder's past legal issues.

General Tips for Buyers When Selecting a Builder

• Choose builders with a strong compliance record and positive customer reviews.
• Always verify licenses and registrations of builders to ensure they are operating within the law.
• Consider warranties and after-sales services offered by builders, as these can be critical post-purchase.

In summary, while Shivanand Infracon Private Limited may have appealing projects, its troubled legal history serves as a significant cautionary signal for potential investors.

Analysis of the cases filed against Shivanand Infracon Private Limited, where the builder lost, reveals several key themes across the various disputes. The cases highlight ongoing issues in the builder's adherence to legal and regulatory requirements, particularly concerning project reporting and compliance with the RERA Act.

The first theme, "Penalties for Non-Compliance," encompasses the majority of the cases where the builder was imposed penalties for failing to submit final project reports as mandated by law. The builder faced penalties ranging from ₹10,000 to ₹4,40,000, indicating a serious concern about their accountability and transparency in project management. The reasons provided for these violations were often rooted in claims of unforeseen circumstances or a lack of awareness regarding legal obligations. However, the consistent pattern of non-compliance suggests systemic issues within the company's operational practices.

"Project Reporting Delays" is another significant theme that emerges from the cases. Although the builder claimed to have completed projects on time, the failure to furnish required reports within the stipulated timeline resulted in legal consequences. This highlights a common trigger for litigation in the real estate sector, where project timelines and reporting requirements are crucial for maintaining transparency and fulfilling contractual obligations.

The "Violations of RERA Act and Rules" theme is particularly concerning, as it reflects the builder's disregard for regulatory standards established to protect the interests of home buyers. The imposition of a ₹50,000 fine for not submitting quarterly reports or seeking project registration extensions demonstrates a troubling lack of diligence on the part of the builder, emphasizing the risks buyers may undergo when engaging with such contractors.

In conclusion, the builder's losses in these cases primarily stem from insufficient adherence to legal standards, resulting in repeated penalties for non-compliance. Buyers should be acutely aware of these patterns, as they indicate potential risks regarding the builder's reliability and commitment to fulfilling project obligations. When making informed decisions, it is critical to consider these litigious histories and evaluate the credibility of builders prior to investment.