SHIVSHAKTI REAL HOME PRIVATE LIMITED

Overview of Shivshakti Real Home Private Limited

Shivshakti Real Home Private Limited operates primarily in Rajasthan, where they have composed various real estate projects. While the company offers housing solutions, it has faced many complaints and legal challenges that raise concerns among potential buyers. This blog post aims to dive into the legal standing of the builder, analyzing outcomes of their cases and providing insight for prospective homebuyers.

Legal Complaints Against Shivshakti Real Home

According to the data available, Shivshakti Real Home has encountered a total of 13 complaints, of which they won 1 case and lost 12. This distribution of cases provides a clear insight into the builder's legal challenges and responses.

Patterns in Cases Lost

The one case that Shivshakti lost offers a glimpse into the potential issues that buyers might face. In this case, the builder was directed to complete necessary steps regarding lapsed projects after updating loan encumbrance information. This indicates that there may have been issues related to financing or project completion timelines that were ultimately not addressed satisfactorily. The inability to solidify project schedules and fulfill obligations could be a common thread behind the builder's challenges in court.

Patterns in Cases Won

In stark contrast, the majority of the cases—12 in total—that Shivshakti won portray a different narrative. The common factor among these complaints is the buyers’ claims surrounding non-delivery of possession and the failure to return deposited amounts. The builder consistently argued that the complainants had not made necessary payments. In some instances, the adjudicating officers ruled in favor of the buyers, ordering the builder to return deposits with interest and compensation for various grievances such as mental distress or delays. This suggests that the complaints often stemmed from misunderstandings or failed communication regarding payment and possession issues.

Overall Assessment of Shivshakti Real Home

Given the legal data, it raises important questions about Shivshakti Real Home’s reliability as a builder. The overwhelming number of lost cases compared to won cases suggests underlying issues that may affect their business practices. While they have secured some victories, the significant losses indicate that potential buyers should exercise caution.

Tips for Potential Buyers

1. Thoroughly Research: Look into previous projects undertaken by Shivshakti Real Home, including timelines and delivery status to gauge their reliability.
2. Seek Legal Counsel: Before entering into any agreement, consult with legal professionals to understand your rights and potential risks.
3. Negotiate Payments Carefully: Ensure clarity on payment schedules and terms; misunderstood timelines can result in complications down the line.
4. Get Everything in Writing: Documentation is crucial; ensure all agreements and obligations are formally recorded.

General Tips for Selecting Any Builder

• Check Reviews and Complaints: Research online reviews, forums, and complaint registries to see if a builder has a pattern of issues.
• Evaluate Financial Stability: Ensure the builder has strong financial backing to avoid project delays or cancellations.
• Visit Previous Sites: If possible, visit completed projects to inspect quality and communication of the builder.
• Ask for References: Speaking with previous buyers can provide insights into the builder’s credibility and service quality.

In conclusion, while Shivshakti Real Home offers potential for residential solutions in Rajasthan, the legal challenges faced and the outcomes indicate a cautious approach should be adopted by prospective buyers. Ensuring thorough research and receiving suitable legal guidance can equip buyers to make informed decisions.

Analysis of the cases filed against Shivshakti Real Home Private Limited, where the builder lost, reveals significant insights into the common themes and disputes faced by the builder.

The cases can be broadly categorized into four themes: Delayed Possession Claims, Refund and Compensation Disputes, Project Completion and Certification Issues, and Penalties for Project Delays.

Many of the cases revolve around delayed possession claims, where buyers alleged that the builder failed to provide possession of their flats within the stipulated time. For instance, in several cases, the applicants claimed that the builder did not return their deposited amounts or provide compensation for the delay. The builder, on the other hand, often contended that the delay was attributable to the buyers' failure to complete payments or take possession of the flats. However, the adjudicating officer consistently ruled in favor of the applicants, indicating a pattern where the builder's defenses were insufficient to mitigate their accountability for delays.

Refund and compensation disputes were another frequent theme. Buyers sought refunds due to the builder’s failure to deliver possession or complete projects as promised. The builder's lack of substantial rebuttals in these cases highlights a concerning trend where buyers' requests for refunds and compensation were often dismissed without valid reasons, leading to legal consequences.

The cases also showcased issues related to project completion and certification. For example, the builder was accused of not providing completion certificates and occupancy certificates for certain projects, which raised regulatory compliance concerns. The authority ruled against the builder by imposing interest penalties, demonstrating the legal expectation that builders must fulfill their projects and obtain necessary certifications timely.

Finally, penalties for project delays were a common outcome in these cases. Buyers reported significant delays in project completions, and the authority consistently imposed penalties and interest on the builder's undone commitments.

A close examination of these themes reveals that buyers most commonly brought cases to court due to the builder's inability to meet project timelines and fulfill their commitments. The builder's frequent loss in these cases suggests a systemic issue with their operational practices, often related to insufficient evidence of compliance with timelines or regulatory requirements. The patterns emerging from these summaries indicate a concerning trend where buyers face not just delayed possession but also a lack of transparency and accountability from the builder's side.

An analysis of the cases filed against the builder, Shivshakti Real Home Private Limited, which the builder won, revealed the following information. The disputes emerged primarily from claims associated with delayed project completions and concerns over regulatory compliance.

Under the recurring theme of 'Delayed Possession Claims', buyers may have felt entitled to timely results on their investments, leading to legal proceedings when delays were perceived. Additionally, 'Non-compliance with Municipal Orders' surfaced as another prominent theme, reflecting the complexities of navigating urban regulations and the expectations from developers to adhere to them diligently.

Further analysis revealed that project delays, often fervently contested by buyers, were a significant driver of complaints. Disputes also arose over land classification—a critical factor impacting not only buyers’ investments but also municipal regulatory oversight.

The common reasons these cases were brought to court often involved contesting penalties imposed by regulatory bodies or disagreements over the specifics of compliance with municipal rules. In many instances, the buyers or regulatory bodies alleged that the builder had failed to meet obligations, only for the builder to present substantial evidence and defenses that countered these claims. Notably, many cases demonstrated that opposing parties sometimes provided insufficient evidence to support their accusations.

Shivshakti Real Home Private Limited managed to win these cases by effectively challenging the claims brought against them, standing firmly on the grounds of evidence, compliance with regulations, and procedural accuracy. The builder's adept defense also hinted at a pattern of unfounded or exaggerated claims possibly stemming from misunderstandings about the complexities of real estate operations. This underlines an important reality: sometimes buyers, reacting from frustration or miscommunication, can resort to legal action against builders.

This illustrates a broader aspect of the real estate market and speaks to the builder’s reputation. While there are undeniably valid grievances within this sector, the pattern of successful defenses by Shivshakti Real Home Private Limited indicates their robust operational standards and commitment to fulfilling legal protocols. It showcases that the company has a strong track record in addressing claims, whether they're justified or not.

In conclusion, potential buyers should recognize the importance of conducting thorough research and making informed decisions before levying accusations or acting on claims. While disputes exist in the real estate market, the resilience of builders like Shivshakti Real Home Private Limited highlights the need for careful consideration and credible information. It is essential for buyers to evaluate claims critically, understanding that the builder's successful defense may suggest a more complex narrative.