SHIWALIK GREEN MAINTENANCE PRIVATE LIMITED

Introduction

In the real estate sector, the reputation and trustworthiness of builders are paramount for potential homebuyers. One such builder, Shiwalik Green Maintenance Private Limited, has generated some scrutiny based on various legal disputes. This blog post aims to examine the builder's legal track record, identify patterns in their cases, and offer valuable insights for prospective buyers.

Overview of Legal Complaints

Shiwalik Green Maintenance Private Limited has faced a total of 9 complaints, of which they won 2 cases and lost 7. This paints a mixed picture of the company’s legal standing.

Legal Case Analysis

Cases Lost

The builder lost 2 cases, both dismissed due to the appellants' failure to appear despite multiple adjournments. This indicates a pattern where either the claims were not pursued adequately by the complainants, or there may have been a lack of clear communication or follow-through. The lack of detailed summaries on the appellant's and respondent's claims leaves a gap in understanding the specifics of the disputes, but the outcomes suggest possible procedural issues or deficiencies in representation for the appellants.

Cases Won

In contrast, Shiwalik Green Maintenance Private Limited won 7 cases where the complaints primarily revolved around delays in possession and requests for refunds, interest, and compensation. Common elements in these cases include:

• Claims for Compensation: Most complaints received restitution for losses such as rental income, mental agony, and litigation expenses due to delayed possession.
• Defense of Delays: The builder often justified delays as resulting from unforeseen circumstances, including the COVID-19 pandemic. Notably, in multiple cases, the final verdict mandated compensation be paid promptly, indicating the authority's recognition of the complainants' claims.
• Interest Payments: Courts or authorities regularly ordered the builder to pay interest on the delayed possession, a clear pattern indicating liabilities faced due to missed deadlines.

Conclusion

Overall, Shiwalik Green Maintenance Private Limited's legal history presents cautionary insights for potential buyers. While the builder has successfully won several cases, the overwhelming number of lost cases highlights a troubling trend that may reflect underlying operational challenges or mismanagement.

Buyer Tips

If you are considering purchasing property from Shiwalik Green Maintenance or any other builder, keep the following tips in mind:

1. Thoroughly Research the Builder: Understanding a builder's legal history can unveil potential risks. Investigate their track record, especially regarding complaints and legal disputes.
2. Examine Project Timelines: Ask about previous project delivery timelines and any compensation provided to past clients for delays.
3. Read Reviews from Other Buyers: Look for testimonials and experiences shared by other clients to gauge satisfaction and reliability.
4. Clarify Terms and Conditions: Ensure clarity on possession dates, payment schedules, and potential penalties for delays in your contract.
5. Seek Legal Advice: If necessary, consult with a legal expert before signing any agreements to ensure that your rights are protected.

General Tips for Selecting a Builder

• Check Credentials and Certifications: Validate the builder's licenses, past project successes, and adherence to regulations.
• Visit Completed Projects: If possible, visit completed projects to assess build quality firsthand.
• Discuss Financial Stability: Understand the financial health of the builder to ensure they can deliver on their commitments.
• Negotiate Wisely: Negotiate terms that protect your interests, including timelines and penalties for delays.

By being well-informed and diligent, buyers can make prudent decisions in the ever-competitive real estate market.

Analysis of the cases filed against Shiwalik Green Maintenance Private Limited, where the builder lost, revealed several key themes and patterns across the disputes. The cases primarily revolved around delayed possession claims, with multiple complainants seeking refunds, interest, and compensation for the prolonged duration in which they were unable to receive their flats.

The most common theme was the claim for delayed possession, often accompanied by a request for interest on the amount paid by the complainants during the waiting period. In several cases, the builder was found to have failed to deliver possession within the expected timeframe, leading to significant losses for the complainants in terms of rental income and mental distress. Accordingly, courts consistently mandated compensation for mental agony and litigation expenses, acknowledging the emotional and financial strain placed on purchasers.

Another recurring theme was the builder's defense based on unforeseen circumstances. The builder frequently attributed delays to situations beyond their control, such as the COVID-19 pandemic. However, this defense did not resonate with the courts, which prioritized the commitments made by the builder and the legal obligations to complete projects on time.

The reason people commonly brought cases against this builder centered around their inability to fulfill project deadlines and agreements. Complainants disputed the builder's claims of timely possession and sought to recoup financial losses generated from interest on their investments and rent that could have been earned. The builder's consistent failure to meet the expectations of their clients resulted in a series of legal battles, all of which ended unfavorably for them.

The common reasons for the builder's losses in these cases were rooted in their failure to meet contractual obligations, provide timely possession, and adequately respond to legitimate claims from buyers. The courts saw through the defenses presented and emphasized the need for builders to take responsibility for their commitments. Insufficient evidence to support the builder's claims of valid delays, combined with a pattern of neglecting buyer satisfaction, ultimately led to the legal outcomes observed in these cases.

An analysis of the cases filed against the builder Shiwalik Green Maintenance Private Limited, which the builder won, revealed the following information. Several legal disputes were brought against the builder, but the results showcased a consistent pattern where the builder emerged victorious.

The cases primarily revolved around a few general themes, including 'Want of Prosecution', where appeals were dismissed due to the failure of the appellants to appear in court despite numerous adjournments. This indicates a lack of commitment or possibly insufficient grounds on the part of the appellants to pursue their claims.

The reasons for these cases being filed appear to stem from various grievances that the opposing parties sought to contest. These grievances, although not detailed in the available summaries, could involve issues such as disputes over project delays, financial penalties, or disagreements regarding construction compliance. However, the reoccurring dismissal of cases due to failure to appear suggests that the respondents might not have been able to substantiate their claims adequately.

The common reasons for the builder's success in these cases often relate to the appellee's lack of evidence or inability to meet legal requirements necessary to proceed with their claims. The court's dismissal for want of prosecution highlights the importance of properly presenting a case and following through with legal actions in the real estate domain. It is clear from these outcomes that Shiwalik Green Maintenance Private Limited was able to effectively defend itself, proving the claims made were either exaggerated or unfounded.

This analysis reveals valuable insights into the builder’s reputation and the broader dynamics of the real estate market. It underscores a cautionary tale for potential buyers who might sometimes file disputes with little merit, potentially leading to unnecessary legal entanglements. The outcomes show that Shiwalik Green Maintenance Private Limited maintains a strong track record in defending its operations against seemingly unjust claims.

For potential buyers, this highlights the crucial importance of conducting thorough research and making informed decisions when considering a builder. While legitimate disputes do exist within the realm of real estate, this analysis indicates that builders like Shiwalik Green Maintenance Private Limited can successfully navigate claims that may be, at times, unfounded or exaggerated. Buyers are encouraged to approach claims with a discerning mind and seek reliable information before forming judgments about the reputation of builders.