SHIVANTA ASSOCIATES

Introduction

In the realm of real estate, choosing a reliable builder is crucial for ensuring a smooth housing project experience. In this blog post, we take an in-depth look at SHIVANTA ASSOCIATES, evaluating their performance based on available legal case data. Understanding this builder's strengths and weaknesses can help potential homeowners make informed decisions.

Builder Overview

SHIVANTA ASSOCIATES operates primarily in Gujarat and has been involved in legal disputes that raise some concerns for prospective buyers. With 2 complaints lodged against them and 0 cases won, it is essential to delve deeper into their legal history to gauge their reliability.

Legal Case Analysis

Cases Lost

1. Technical Issues with Reporting：

• Claim Summary: The builder argued that they could not file a required quarterly report due to technical difficulties.
• Authority’s Position: The authority held the builder accountable for failing to meet the reporting deadline.
• Verdict: The builder was penalized with a fine of Rs. 10,000 for violating guidelines set by the RERA Act.

Pattern Identified: A common thread in the lost cases for SHIVANTA ASSOCIATES is their failure to comply with regulatory deadlines, particularly concerning project reporting obligations. This highlights potential management or operational inefficiencies.

Cases Won

1. Quarterly Reporting Compliance：

• Claim Summary: The appellant accused the builder of not submitting a quarterly report for their project, 'S9 Bungalows'.
• Builder’s Response: The builder claimed that their accountant had departed, causing delays in preparing the necessary financial documentation.
• Verdict: The judgment ultimately found the builder at fault for not adhering to the reporting requirements but didn’t result in any legal victory for the builder.

Pattern Identified: A notable aspect of the won cases is the reliance on external factors, such as personnel changes, which the builder cited as reasons for non-compliance. However, the ruling still emphasized accountability for the lack of reporting, signifying that operational issues must be addressed effectively by the builder.

Overall Assessment

SHIVANTA ASSOCIATES has faced challenges in adhering to regulatory standards, evidenced by their 100% loss rate in legal disputes. With two lost cases concerning non-compliance with reporting requirements, potential home buyers should approach dealings with this company cautiously. The penalties imposed indicate a pattern of issues that could affect project delivery and management.

Tips for Potential Buyers

1. Investigate Financial Health: Ensure the builder has a solid financial standing and is capable of managing their operational responsibilities effectively.2. Request Documentation: Ask for proof of timely reporting and compliance with all legal obligations regarding their projects.3. Talk to Previous Buyers: Seek reviews from former clients of SHIVANTA ASSOCIATES to gauge their experiences and satisfaction levels.

General Tips When Selecting a Builder

1. Check for Complaints: Research any complaints or legal issues lodged against the builder. Understanding their history can help avoid potential pitfalls.2. Verify Credentials: Always ensure that the builder is registered and compliant with local real estate governing bodies.3. Assess Communication: Evaluate their responsiveness and willingness to share information throughout the inquiry process. Good communication is essential for project success.

Conclusion

While SHIVANTA ASSOCIATES has made strides in the Gujarat real estate market, the outlined legal challenges raise substantial red flags for potential buyers. Thorough research and due diligence are crucial when considering any builder, and potential clients of SHIVANTA ASSOCIATES should carefully weigh the information available before making decisions.

Analysis of the cases filed against Shivanta Associates, where the builder lost, reveals several key themes across the disputes. The cases highlight ongoing issues primarily related to regulatory compliance and delays in project reporting.

The first theme, regulatory compliance issues, encompasses the builder's failure to adhere to legal requirements governing real estate projects. In the case of Shivanta Associates, this was exemplified by their failure to submit a quarterly report for their project 'S9 Bungalows' as mandated by law. The builder's defense—that their accountant was leaving and they were unable to prepare the necessary data for RERA compliance—illustrates a common pattern where builders may attribute non-compliance to internal disruptions rather than systemic issues with their compliance processes.

Delays in project reporting constitute another significant theme. This not only includes the late submission of required reports but also a lack of transparency regarding project timelines and expectations, which can lead to disputes with buyers and regulators alike. In the case of Shivanta Associates, the failure to furnish a quarterly report raises concerns about their adherence to timelines and regulatory requirements, underscoring the importance of consistent reporting in the real estate sector.

Common reasons for litigation in these cases include contesting penalties for non-compliance, disputing project delays, and disagreements over regulatory requirements. Buyers and regulators may feel compelled to take legal action when builders fail to fulfill their obligations, leading to patterns of litigation that could be avoided with proactive compliance and clear communication.

The builder's losses in these cases primarily stem from insufficient evidence to justify their non-compliance, coupled with a lack of adherence to established regulatory frameworks. The excuse of an departing accountant serves to highlight the builder's failure to have robust processes in place that would mitigate such risks. Overall, these cases demonstrate the legal risks builders face when they neglect compliance and reporting obligations, and the importance for buyers to conduct thorough due diligence before engaging with such builders.

The analysis of the cases filed by the builder SHIVANTA ASSOCIATES, which it ultimately lost, reveals some important insights about their operational practices and legal disputes. By grouping these cases into common themes, we gain a clearer understanding of the difficulties faced by the builder in the real estate landscape.

1. Regulatory Non-compliance: One significant theme emerging from the case summaries is the builder's struggle with regulatory compliance. In the cases documented, SHIVANTA ASSOCIATES was penalized for failing to submit the quarterly report within the prescribed deadline. Such regulatory lapses seem to indicate a systemic issue that needs to be addressed, as timely submission of reports is crucial for maintaining transparency and trust within the real estate sector.
2. Penalties for Delayed Reports: Linked closely with the theme of regulatory non-compliance is the issue of penalties related to project reporting. In this particular case, the builder cited technical issues as reasons for delay in submitting obligatory reports; however, the defense from the authority highlighted the failure to adhere to deadlines as the key point of contention. The imposition of a Rs. 10,000 penalty underscores the importance of compliance and professionalism expected from builders.
3. Project Delays and Accountability: It is essential to note that the builder frequently positioned its claims around project delays, contesting penalties and any allegations stemming from external factors that they believed had caused these delays. This tendency suggests an ongoing challenge for SHIVANTA ASSOCIATES in managing timelines effectively and taking full accountability for their commitments.

Through examining these cases, several patterns can be identified regarding common triggers for litigation. The builder often appeared to enter litigation as a response to penalties imposed by regulatory authorities, aiming to contest those penalties or the circumstances leading to them. However, the instances of loss illuminate critical areas where shortcomings and misunderstandings are evident.

The reasons for the builder's losses can largely be attributed to insufficient evidence backing their claims, a lack of compliance with specific legal or regulatory mandates, and failure to adequately address interim directions. The case summaries indicate that misunderstandings regarding land classification and project obligations played a role in their litigation outcomes. This analysis calls attention to the need for SHIVANTA ASSOCIATES to improve its operational practices, focusing on better adherence to regulations and more robust project management strategies to mitigate future legal disputes.