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SHREE WARIS PIYA STEEL COMPANY PRIVATE LIMITED

5.0/5 (1 case analyzed)
  • States Active In: West Bengal
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Overall Case Outcomes

Introduction

In the competitive landscape of real estate development, it's crucial for potential buyers to evaluate builders not only based on their projects and deliverables but also on their legal standing and history. Today, we are turning our focus to Shree Waris Piya Steel Company Private Limited, a builder operating primarily in West Bengal, with a remarkable track record in legal disputes.

Legal Case Overview

Shree Waris Piya Steel Company has a unique situation concerning its legal battles. With only one documented complaint against them, and a perfect track record of winning that case, they stand out in a sector often fraught with contentious disputes. Let’s delve into the details of the case to understand why they triumphed and what this might imply for potential buyers.

Case Summary

The case involved a complaint against Yes Bank Limited by a complainant who asserted that the bank had improperly taken possession of his flat despite having paid in full for it. The bank's defense was rooted in the assertion that the property was mortgaged by Ideal Real Estates Private Limited, supporting their actions as permissible under the SARFAESI Act. Interestingly, the West Bengal Real Estate Regulatory Authority (WBRERA) intervened in favor of the complainant, issuing orders to protect the rights of the homeowner.

Analysis of Legal Patterns

Cases Won

The singular case that Shree Waris Piya Steel Company has faced resulted in a victory, indicating several potential patterns:

  • Strong Claim in Favor of Homeowners: The case emphasized the rights of property buyers, showcasing the builder's alignment with regulatory authorities in protecting their clients' interests.
  • Effective Legal Representation: The outcome suggests that Shree Waris Piya Steel Company likely had access to competent legal counsel that effectively navigated the complexities of real estate and banking laws.

Cases Lost

As it stands, Shree Waris Piya Steel Company has not lost any cases. This absence of losses suggests a potentially well-organized operation, demonstrating their capability to address issues before they escalate into disputes. This efficiency may also reflect positively on their operational practices and buyer interactions.

Conclusion

Based on the data available, Shree Waris Piya Steel Company Private Limited emerges as a builder that has managed to maintain a positive reputation in terms of legal outcomes. With only one complaint filed and a complete victory, buyers may find reassurance in the builder's commitment to upholding property rights.

Tips for Potential Buyers

  1. Research the Builder's Reputation: Look into any past legal issues, complaints, or reviews. A builder with a proven track record of winning cases may be safer to engage with.
  2. Understand Your Rights: Be informed about laws like the SARFAESI Act to recognize your rights as a buyer.
  3. Seek Legal Counsel: Before signing any agreements, consult a lawyer to ensure your interests are well protected.

General Tips for Selecting a Builder

  • Scrutinize Project Documentation: Verify that all projects have the necessary approvals and documentation in place to avoid future complications.
  • Check for Transparency: Builders who maintain open lines of communication about project developments and issues demonstrate reliability.
  • Visit Previous Projects: Assess the quality of construction and the livability of projects previously completed by the builder. This will give potential buyers a tangible sense of the builder's quality and standards.

In summary, while the limited data presents Shree Waris Piya Steel Company in a favorable light, prospective buyers should always conduct thorough due diligence, considering both legal standings and overall builder reputation.

Cases Won by Builder (When Filing)

Yearly Trend for these Cases

Common Topics
Possession Disputes Regulatory Compliance Project Delay Claims Mortgage and Ownership Disputes

An analysis of the cases filed by the builder, Shree Waris Piya Steel Company Private Limited, which it won, revealed the following information. The disputes primarily revolved around a few key themes, each highlighting the builder's interactions and legal challenges faced in the real estate market.

  1. Possession Disputes: These cases often involved the builder defending claims from buyers regarding unlawful possession of property. For instance, in one case, a complainant alleged that Yes Bank Limited took possession of his flat without proper authority, despite the complainant having fulfilled all payment obligations. The builder successfully contested such claims, demonstrating adherence to legal protocols regarding property ownership and possession.
  2. Regulatory Compliance: Some cases emphasized regulatory issues where the builder faced challenges from financial institutions claiming possession based on the SARFAESI Act due to mortgage issues. The builder defended its actions, showing compliance with local regulations and demonstrating that properties were not unlawfully possessed or auctioned.
  3. Project Delay Claims: A segment of the cases arose from delays in possession resulting from circumstances outside the builder's control. The builder frequently contested penalties and claims of misleading information surrounding these delays, which were often attributed to external factors rather than the builder’s actions.
  4. Mortgage and Ownership Disputes: Disputes involving ownership rights often surfaced, particularly when financial institutions claimed involvement due to mortgages placed by previous developers. The builder's ability to clarify property ownership and contest unfair claims played a critical role in these cases.

Common themes in the builder's litigation revealed a tendency to challenge unsubstantiated claims made by buyers or financial institutions. Many cases stemmed from misunderstandings regarding property titles, mortgage conditions, or regulatory non-compliance. In these instances, the builder frequently emerged victorious, often due to the opposing party failing to provide sufficient evidence or not adhering to legal requirements.

The builder's favored outcomes denote a strong capacity to defend against unjust claims, reflecting a reputation of legal diligence and regulatory compliance. This demonstrates that while the real estate market can indeed be rife with legitimate disputes, there are also scenarios where builders face false, exaggerated, or groundless accusations. Shree Waris Piya Steel Company Private Limited exemplifies builders who can navigate such challenges effectively.

In conclusion, potential buyers must approach claims and disputes with a careful mindset. Understanding the broader context of builder litigation is essential for making informed decisions. The cases illustrate that significant grounds exist for builders to defend themselves against accusations. While buyers should remain vigilant about their rights and the performance of builders, it is equally important to seek reliable information before concluding their reputations. Informative paths can help avoid misleading judgments and foster a healthier real estate landscape.

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