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SHRI KRISHNA DEVELOPERS

  • No of Complaints: 6
  • States (Active in): Gujarat, Madhya Pradesh
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Introduction

In the realm of real estate development, potential buyers often seek assurance and trust in a builder’s track record. Shri Krishna Developers operates in the states of Madhya Pradesh and Gujarat, but the builder's journey showcases a mix of successes and challenges. In this blog, we will analyze the builder's legal cases, look for patterns in their performance, and offer essential advice for prospective buyers.

Overview of Legal Cases

Shri Krishna Developers has been involved in a total of 6 complaints, winning 2 cases and losing 4. This record highlights various aspects of their operations, with another layer of complexity stemming from the details of each case.

Cases Lost

  1. Case Filed by Builder and Lost:
    • Appellant Claim: The promoter claimed timely project completion and necessary permissions, but faced issues due to a late final report submission.
    • Response: Regulatory authorities found that the builder violated the RERA Act by not submitting the final report on time, resulting in a fine of Rs. 20,000.
  2. Cases Filed Against the Builder and Lost (2 Cases):
    • First Case: The complainant alleged unfulfilled promises regarding common amenities and demanded a refund of maintenance charges. The builder defended themselves by arguing the amenities were still under construction, but the authority dismissed the complaint without ordering any compensation.
    • Second Case: The promoter claimed inability to submit the annual audit report due to external issues. Ultimately, they were exempted from criminal proceedings, but this indicates significant operational challenges and compliance issues.

The pattern in cases lost revolves around compliance with statutory requirements and customer satisfaction concerning project deliverables. Notably, the builder's arguments often hinge on external circumstances, yet these defenses did not sway the legal decisions towards successful outcomes.

Cases Won

  1. Case Won Against a Complaint (3 Cases):
    • First Case: In a case concerning delays in filing compliance reports, the builder was penalized for not filing timely but had managed to complete the project.
    • Second Case: Here, despite not being aware of RERA requirements, the authority imposed a fine on the builder for the violations, indicating some level of acknowledgement of intent but not absolving responsibility.
    • Third Case: The complainant claimed that the defendants did not fulfill possession and development obligations. The response was notably null, and the ruling favored the claimant, underlining the importance of responsiveness and accountability from builders.

The winners' pattern emphasizes adherence to regulations—even if fines were imposed—while unsatisfactory responses led to losses.

Conclusion

The overall assessment of Shri Krishna Developers reveals a builder navigating through a series of regulatory compliance challenges and customer satisfaction disputes. While they have demonstrated the capability to complete projects, their patterns of non-compliance with reporting and amenities fulfillments are concerning.

Tips for Potential Buyers

  1. Due Diligence: Always conduct thorough research on the builder’s past projects and legal cases. Reviews and ratings on reliable platforms can provide insights into the builder's credibility.
  2. Documentation: Ensure that all verbal commitments on project completion and amenities are documented in the sales agreement.
  3. Regulatory Compliance: Check if the builder is registered under RERA and is compliant with all requirements. Request evidence of project completion and regulatory filings.
  4. Communication: Engage in a dialogue with the builder regarding existing complaints and their resolutions to understand how they handle customer grievances.

General Tips for Selecting Any Builder

  • Look for builders with a robust track record of project completion without legal disputes.
  • Ask for references from past customers to gauge satisfaction levels.
  • Verify the builder's financial stability to ensure ongoing projects are not at risk.
  • Review the terms of the agreement carefully before making any payment.

By following these guidelines, potential buyers can better navigate their real estate investments and mitigate risks associated with choosing a builder.

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Non-compliance with Regulatory Requirements Delayed Possession Claims Penalties for Project Delays Failure to Communicate or Respond

Analysis of the cases filed against Shri Krishna Developers, where the builder lost, revealed significant insights into their operational practices and compliance with regulatory standards. The cases can be broadly categorized into four themes: Non-compliance with Regulatory Requirements, Delayed Possession Claims, Penalties for Project Delays, and Failure to Communicate or Respond.

The builder faced penalties due to a lack of compliance with the Real Estate Regulatory Authority (RERA) Act and Rules. For instance, they were fined for not submitting quarterly reports and applications for extending deadlines on the Gujrera portal. This highlights a concerning pattern where the builder may have been either misinformed or chose to ignore regulatory obligations, leading to legal repercussions.

Delayed Possession Claims emerged as another significant theme. In one case, the builder failed to develop a plot of land and provide possession to the buyer despite receiving full payment. The buyer was forced to take legal action, which resulted in an order for the builder to repay the principal amount along with interest and compensation. This case illustrates a breach of contract and trust by the builder, a recurring issue that raises alarms for potential buyers.

The builder also faced direct penalties for project delays. While they claimed to have completed projects on time, the issue often revolved around their failure to file appropriate documentation to confirm compliance. An example of this is the respondent being penalized for not filing a final project report, which demonstrates a lack of procedural adherence and transparency in their operations.

Finally, the theme of Failure to Communicate or Respond stands out, as evidenced by the builder's lack of response to complaints made by the defendants in one case. This silence can perpetuate mistrust and often results in a negative outcome in legal proceedings, as it may imply negligence or avoidance of responsibility.

In conclusion, the cases against Shri Krishna Developers reflect common triggers for litigation, including regulatory non-compliance, delays in possession, and failures in documentation and communication. The builder's losses in these cases primarily stem from insufficient evidence, a lack of understanding of their legal obligations, and a recurring failure to meet contractual commitments. These patterns should be taken into account by potential buyers when contemplating a purchase from this developer.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
4-00545--18--448 Madhya Pradesh The applicant, Smt. Manju Sharma, filed a complai… ["Non-development o… {"appellant_claim": "The applicant claimed that t… Smt. Manju Sharma Shri Krishna Develo… https://www.rera.mp.gov.in/upload/complaint_files/504201903093.pdf
500(R-138/2018 Gujr… Gujarat The promoter, Shri Krishna Developers, was fined … ["Non-compliance wi… {"appellant_claim": "The appellant, Gujarat Real … Gujarat Real Estate… Shri Krishna Develo… https://drive.google.com/uc?id=1AcWtF8KfdxzxarZUBLglQqjR-Mdl4XCB
GJ/CMP/NCQR/Vadodar… Gujarat The promoter, Shri Krishna Developers, was penali… ["Non-filing of fin… {"appellant_claim": "", "respondent_claim": "The … Shri Krishna Develo… https://drive.google.com/uc?id=12yJ7WF58dbZqHq4h7WjKUgN7a0zSH0eH
Regulatory Non-compliance Penalties for Project Delays

Analysis of the cases filed by the builder Shri Krishna Developers, which it lost, reveals some crucial insights about its legal disputes and operational challenges. The primary themes that emerged from these case files center around 'Regulatory Non-compliance' and 'Penalties for Project Delays'. Each of these themes represents common issues that the builder faced in multiple instances.

In terms of regulatory non-compliance, the builder often found itself in disagreements with authorities regarding the timely submission of necessary documentation, specifically, the final project reports required under the RERA Act. In the highlighted case, the builder contested that they had completed the project on time but failed to file the final report, attributing this oversight to other conditions not being met. Such cases typically involve builders facing penalties or fines for not adhering to legal requirements laid out by regulatory bodies.

The penalties for project delays surfaced as a recurrent theme where the builder sought to challenge fines imposed for late submissions or non-compliance with stipulated timelines. In this instance, the authority concluded that the promoter's failure to submit the final report on time was a clear violation of established regulations under the RERA Act and justified the imposition of a Rs. 20,000 fine.

The reasons behind the builder's litigation often appeared to stem from a desire to minimize financial penalties and contest regulatory actions perceived as unjust. For instance, the builder frequently argued that they had fulfilled their obligations but faced delays due to conditions outside their control. This indicates a pattern where Shri Krishna Developers predominantly sought to challenge verdicts they deemed unfavorable pertaining to project timelines and compliance measures.

However, a notable trend in why the builder lost these cases revolves around insufficient evidence to support their claims. In the discussed case, it was evident that despite the builder's assertions of compliance, the authority found clear violations of the provisions established under the RERA. This suggests that the builder may frequently underestimate the importance of meeting documentation and procedural requirements critical to their defense. Furthermore, the lack of compliance with legal timelines and requirements led to unfavorable outcomes in their disputes.

In conclusion, the examination of these cases serves as a cautionary tale for potential buyers, emphasizing the importance of due diligence when selecting a builder. Buyers should critically assess a builder's compliance record and consider the implications of any past litigation as indicators of their operational reliability and accountability.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
GJ/CMP/NCQR/Gandhin… Gujarat The promoter, Shri Krishna Developers, was fined … ["Non-submission of… {"appellant_claim": "The promoter claimed that th… Shri Krishna Develo… https://drive.google.com/uc?id=1C2CcbJhVbjk3Zzz6IYylU-Fz0XfR7QcM
Non-completion of Common Amenities Timeliness of Documentation and Regulatory Compliance

An analysis of the cases filed against the builder, Shri Krishna Developers, which the builder won, revealed the following information.

The disputes ranged from non-completion of promised common amenities to delays in submitting necessary documentation for regulatory compliance.

One common theme is the non-completion of common amenities. In one of the cases, the complainant alleged that the builder had not completed amenities as promised in their marketing materials. However, the builder defended itself by stating that the amenities were still under construction. The case underscores the frequent contention between buyers' expectations based on promotional literature and the actual project timelines.

Another theme emerging from the case summaries relates to the timely submission of documentation. In one instance, the builder claimed that they were unable to provide the annual audit report due to a unique issue with their PAN card and pending permissions. This reflects a recurring issue in real estate projects where regulatory compliance can become a contentious point.

These cases were brought to court due to buyers feeling misled regarding project progress and claiming penalties for delays or non-performance. A notable pattern is that such complaints often stem from misunderstandings regarding project completion timelines or documentation requirements enforced by regulatory bodies.

The reasons the builder won these cases can be attributed to sufficient evidence proving that claims were unfounded or lacked legal standing. For instance, in the case about common amenities, the authority found that the builder’s claims of ongoing construction were valid, and the complaints did not have substantial merit. Moreover, the second case revealed that the builder was exempt from criminal proceedings due to exceptional circumstances surrounding documentation delays.

This analysis indicates that Shri Krishna Developers has been effective in defending itself against claims that could be viewed as either false or exaggerated. It highlights the potential for misunderstandings between buyers and builders, often resulting in legal disputes when expectations do not align with reality.

In conclusion, potential buyers should adopt a cautious approach when evaluating builders and their reputation. While there are genuine disputes in the real estate sector, the outcomes of these cases illustrate that builders like Shri Krishna Developers can successfully defend themselves against unjust claims. Buyers are advised to seek reliable information and consider legal recourse carefully before forming opinions about a builder's credibility.

This table provides an analysis of individual cases that contributed to the summary above. Click on any row to expand and view complete details, and use the "Show More" button to load additional rows as needed.

Case Number State Summary Case Topic Detailed Summary Appellant Name Respondent Name Source
GJ/CMP/NCAR/VADODAR… Gujarat The promoter, Shri Krishna Developers, was exempt… ["Exemption from cr… {"appellant_claim": "Not provided", "respondent_c… Shri Krishna Develo… https://drive.google.com/uc?id=1sVhrAmmrltSO6eYenz40tgR8UEQWEk3y

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