SHIVANI DEVELOPERS

Introduction

In the evolving real estate landscape, the reputation of builders plays a crucial role in the decision-making process for potential buyers. Shivani Developers, operating primarily in Karnataka, has been at the center of significant legal scrutiny. With a total of 115 complaints filed against them, an analysis of their legal challenges reveals substantial insights into their operations and buyer experiences.

Legal Case Overview

Shivani Developers has faced a total of 115 complaints, resulting in 18 cases won and 97 lost. This high rate of lost cases raises questions about the company’s performance and commitment to delivering on its promises.

Cases Lost by Shivani Developers

In two notable instances where Shivani Developers filed cases, the outcomes were not favorable. Both cases involved the builder challenging a ruling from the Karnataka Real Estate Regulatory Authority (RERA) claiming that the decisions made were incorrect. However, both appeals were dismissed as they were settled out of court. The common theme in these cases indicates a tendency towards negotiations and compromises rather than outright victories in court, suggesting that the builder may often find themselves in a weak legal position.

Cases Won by Shivani Developers

On the contrary, Shivani Developers managed to win 18 cases against complaints lodged against them. Most notably, these complaints generally revolved around accusations of not fulfilling contractual obligations, such as failing to register projects or provide necessary amenities. In numerous instances, the builder’s defense hinged on claims of exemptions under regulatory rules, which frequently led to mandated actions from Shivani Developers, including the registration of projects and the provision of amenities within set timelines.

A strong pattern emerges from the cases won: the verdicts commonly mandated Shivani Developers to correct course by fulfilling project registrations and amenities provision, indicating an ongoing struggle or oversight in project management rather than outright liability.

Conclusion

The overall assessment of Shivani Developers reveals a company entrenched in legal disputes, with significant losses indicating challenges in meeting obligations to customers. While the company has seen successes in defending against claims, many of these victories appear more as remedial actions required by authorities than validations of compliance or quality.

Tips for Potential Buyers Considering Shivani Developers

• Thorough Research: Investigate the track record of the builder. Review past complaints, legal cases, and judgment outcomes to gauge reliability.
• Demand Transparency: Ensure clear communication regarding project registrations and timelines. Document commitments and agreements thoroughly.
• Seek Legal Counsel: Consider consulting with real estate legal experts or advisors to better understand contract terms and obligations, especially when entering negotiations.
• Assess Project Management: Visit ongoing projects and speak to current residents to gauge satisfaction levels and quality of homes provided by Shivani Developers.
• Check Regulatory Records: Regularly check with the Karnataka Real Estate Regulatory Authority (KRERA) for updates on compliance and registrations related to projects by Shivani Developers.

General Tips for Buyers When Selecting Any Builder

• Review Credentials: Check for valid licenses, registrations, and compliance with local regulations.
• Assess Financial Stability: Analyze the builder’s financial health through reviews and reports to gauge their ability to complete projects.
• Evaluate Previous Work: Research past projects to assess quality and timelines. User reviews and ratings can provide insights into construction quality and customer satisfaction.
• Establish Clear Communication: Maintain open lines of communication with the builder. Ensure you're informed about project progress and any changes that may arise.
• Be Informed About Rights: Understand your rights as a buyer and the recourse available should obligations not be met.

By being diligent and informed, potential buyers can protect themselves and make wise decisions when investing in properties with any builder.

Analysis of the cases filed against Shivani Developers, where the builder lost, reveals significant insights into the common themes and disputes associated with their projects. The cases can be broadly categorized into several types, highlighting the prevalent issues faced by the builder's clients and the legal authorities involved.

Many cases revolve around Delayed Possession Claims, where buyers complained about the builder's failure to complete projects on time or provide possession of properties as agreed upon. This theme is often intertwined with Penalties for Project Delays, as buyers sought compensation for the distress and financial losses caused by the builder's inability to meet deadlines.

Non-Registration with KRERA/RERA emerges as another critical theme, with multiple cases pointing out that Shivani Developers did not register their projects with the Karnataka Real Estate Regulatory Authority (KRERA) or the Real Estate Regulatory Authority (RERA). This lack of registration led to legal consequences, including penalties and orders to comply with the regulatory requirements.

The Failure to Provide Necessary Amenities is a recurring issue in many cases. Buyers claimed that the builder did not deliver essential amenities like permanent water supply, power backup, and clubhouses, which are expected in a completed project. This failure contributed to the builders’ legal losses, as it reflects a breach of promise and a failure to meet contractual obligations.

Disputes over Project Completion and Compliance also stand out, indicating a significant area of contention between the builder and the authorities. Buyers and KRERA/RERA often disputed the builder's claims of completing projects or adhering to the required standards. The builder's frequent assertion that their projects were exempt from registration due to being completed before deadlines was not validated, leading to legal repercussions.

The common triggers for litigation in these cases primarily revolve around the builder's failure to fulfill their commitments. Buyers were prompted to take legal action due to significant delays in possession, the non-delivery of promised amenities, and the builder's non-compliance with regulatory frameworks.

The builder lost these cases predominantly due to their inability to meet legal and regulatory requirements. The consistent failure to register projects with KRERA/RERA, provide necessary amenities, and complete projects on schedule resulted in legal penalties and mandates to rectify their operations. Insufficient evidence to support their claims of timely completion and compliance also contributed to their losses.

In conclusion, the analysis of these cases underscores the importance of transparency, compliance, and fulfilling contractual obligations in the real estate sector. Buyers should be vigilant and informed about their rights, especially regarding project registration and the promised delivery of amenities.

The analysis of the cases filed by the builder Shivani Developers, which it lost, reveals insightful information about the nature of its disputes and the outcomes of the legal proceedings.

These cases predominantly fall into three common themes: Disputes Over Regulatory Compliance, Litigation on RERA Orders, and Settlements and Compromises.

1. Disputes Over Regulatory Compliance: This theme encompasses cases where the builder challenged decisions made by regulatory bodies, notably the orders passed by the Real Estate Regulatory Authority (RERA).
   The common argument here was about whether the RERA's orders were correct and legally justifiable.
2. Litigation on RERA Orders: A significant portion of the builder's lawsuits involved appeals against specific RERA decisions, specifically the order dated 05.06.2020.
   The builder sought to overturn these rulings, indicating a pattern where disputes arose from interpretations of regulatory compliance.
3. Settlements and Compromises: Notably, the resolution of many cases occurred through out-of-court settlements, suggesting that the parties potentially found common ground despite the initial disputes.
   This theme signifies a willingness on both sides to compromise, possibly due to the lengthy and resource-intensive nature of litigation.

The common reasons prompting Shivani Developers to bring cases to court include contesting the legitimacy of penalties imposed by regulatory bodies, disputing project delays that were believed to be caused by external factors, and disagreements or misunderstandings related to land classification and regulatory compliance.
These elements seem to correlate with the builder's attempts to mitigate perceived losses resulting from external limitations imposed by regulatory frameworks.

Examining the reasons for the builder's losses in these cases unveils critical insights. The primary factors appeared to be insufficient evidence to support their claims, non-compliance with legal or regulatory requirements, and sometimes misunderstandings relating to the interpretation of land or project classifications.
Notably, failure to adhere to interim directions or submit compliance reports likely played a significant role in the unfavorable outcomes. This pattern highlights a need for thorough preparation and compliance with regulatory expectations to avoid adverse decisions in future litigations.

An analysis of the cases filed by the builder, Shivani Developers, which it won, revealed the following information.

The builder primarily engaged in legal disputes concerning the fairness of orders issued by various regulatory authorities such as the RERA.

Many cases involved the builder contesting the perceived unfairness of these orders, often seeking to have them set aside.

In several instances, the builder's claims were met with a defense asserting the orders were fair; however, many of these disputes ultimately led to out-of-court settlements or compromise petitions.

A notable pattern emerged where the builder brought cases not just for retribution against unfavorable orders but also in response to claims from respondents who largely did not file responses or did not present substantial defenses.

This indicates a tendency for cases to arise from misunderstandings or disagreements regarding the interpretation of regulatory standards rather than blatant breaches by the builder.

The primary reasons for the builder's success in these cases appear to revolve around the opposing parties' lack of evidence or failure to substantiate their claims effectively.

This absence of robust counterarguments often left the builder in a favorable position, showcasing their ability to defend themselves adequately against accusations—often exaggerated or unfounded—from buyers or other parties.

Moreover, the recurring theme of compromise suggests that many disputes were mutually resolved, reflecting the builder's willingness to engage constructively even amid contention.

Through this analysis, it becomes evident that Shivani Developers has cultivated a reputation for resilience and efficacy in legal disputes, often demonstrating a clear distinction between legitimate grievances and baseless claims.

It is crucial for potential buyers to recognize that in the real estate market, not all accusations hold weight; sometimes, builders face unjust allegations that spiral into extensive legal battles.

In closing, it is imperative for potential buyers to approach claims critically and seek trustworthy information.

While disputes in the real estate industry are commonplace, Shivani Developers' track record of successfully defending itself against unjust claims is noteworthy.

Buyers should not shy away from exploring a builder's reputation based on individual experiences but rather consider the broader picture before forming any conclusions.