SHIVANI SUPER HOUSING & CONSTRUCTION COMPANY

Understanding the Case History of Shivani Super Housing & Construction Company

When it comes to purchasing property, knowing the legal track record of builders is crucial. In this post, we will explore the case history of Shivani Super Housing & Construction Company, a builder operating in Madhya Pradesh. While they may be relatively lesser-known, their legal history offers significant insights into their business practices.

Legal Case Overview

Shivani Super Housing & Construction Company has faced one notable legal complaint:

• Number of Complaints: 1
• Cases Won: 0
• Cases Lost: 1

Case Details

The sole case against the builder involved an allegation from an applicant who paid Rs. 6,54,000 for a duplex but claimed that possession of the flat was never given, and the amount was not refunded. In contrast, the builder asserted that the applicant had not paid the outstanding amount and that the duplex was incomplete. The outcome of the case was unfavorable for Shivani Super Housing, as the authority ordered the company to pay the applicant a total of Rs. 8,59,000, which included interest, compensation, and expenses.

Patterns in Case Outcomes

Cases Lost

The pattern observed in the case lost by Shivani Super Housing indicates a significant communication gap between the builder and the applicants. The complaint illustrates issues related to possession and refund processes. These kinds of disputes often arise when builders do not maintain transparent communication regarding project timelines and financial requirements.

Cases Won

Interestingly, while Shivani Super Housing has not won any cases, analysis portrays them as an entity that has only faced claims where they have ultimately been deemed responsible for not meeting contractual obligations. Although they have not secured a win, the circumstance of the sole case showcases the common challenges builders face concerning construction timelines and customer payments.

Overall Assessment

Based on the available data, Shivani Super Housing & Construction Company presents a concerning picture. With only one case documented against them, which they lost, there are significant risks involved in dealing with this builder. Not only did they fail to fulfill their contractual obligations, but the financial repercussions imposed by the authority emphasize ongoing quality and transparency issues.

Tips for Potential Buyers

1. Research and Due Diligence: Always research a builder’s reputation, project history, and any legal cases in which they may have been involved before making a purchase.
2. Documentation and Contracts: Ensure that all transactions and promises made by the builder are documented and part of the contractual agreement.
3. Seek Reviews: Look for reviews or testimonials from previous buyers to gain insight into their experience with the builder.
4. Payment Milestones: Be cautious about payment schedules and retain payment until satisfactory work is delivered. Always verify the construction quality before proceeding with large payments.

General Tips for Selecting a Builder

• Verify Credentials: Check for necessary licenses, registrations, and adherence to local building regulations.
• Inquire About Past Projects: Tour completed projects to assess workmanship and quality.
• Ask Questions: Clarify any doubts regarding timelines, project completion dates, and payment structures.

In conclusion, while every builder may face challenges, the history of Shivani Super Housing & Construction Company suggests that potential buyers should tread carefully and consider all available information before investment.

Analysis of the cases filed against Shivani Super Housing & Construction Company, where the builder lost, revealed several key themes and patterns. The cases primarily revolved around two main topics: delayed possession claims and disputes over payment and refunds.

The delayed possession claims involved situations where buyers alleged that they were not provided timely possession of their properties, despite having completed payments. In the sole case summarized, the applicant claimed to have paid Rs. 6,54,000 for a duplex that was never delivered, nor was their money refunded. This case illustrates a significant breach of contract and trust by the builder, leading to legal consequences.

Disputes over payment and refunds often overlapped with possession claims, as buyers would commonly argue that the builder had failed to fulfill their obligations while retaining payments. In the case mentioned, the builder contended that the applicant had not paid the remaining amount owed, which they claimed justified the lack of delivery and refund. However, the authority ruled in favor of the applicant, indicating that the builder's defense was insufficient to override their contractual obligations.

A prevalent reason for the litigation in these cases was the builder’s failure to adhere to their commitments. Buyers were primarily motivated to seek legal recourse due to the non-delivery of property and the builder's refusal to refund amounts paid. There were also instances where the builder's accounting for payments was disputed, leading to accusations of mismanagement and inadequate transparency.

The common factors contributing to the builder's losses in these cases include:

1. Insufficient evidence to support their claims of payment discrepancies or justifications for delay.
2. Failure to comply with contractual obligations regarding timely possession and refunds.
3. Lack of clear communication regarding project statuses and payment requirements, which led to misunderstandings and disputes.

In conclusion, the cases against Shivani Super Housing & Construction Company highlight serious issues with adherence to contracts, transparency in payments, and timely delivery of properties. Buyers should be cautious and thoroughly evaluate a builder's reputation, track record, and regulatory compliance before making any commitments.