SHRI SHIVDHAN COMMUNITY PRIVATE LIMITED

Introduction

Shri Shivdhan Community Private Limited is a builder operating primarily in Gujarat. While the firm may have a presence in the market, their reputation and track record warrant a detailed examination, especially for potential property buyers. This blog post aims to analyze the legal standing of Shri Shivdhan Community Private Limited, focusing on complaints, legal outcomes, and offering advice for prospective buyers.

Legal Case Overview

Shri Shivdhan Community Private Limited has faced a total of one complaint in recent years, resulting in one legal case that culminated unfavorably for the builder. An essential aspect of the inquiry focuses on the specifics of the case, which involved a claim regarding the timely submission of quarterly reports as mandated by the RERA (Real Estate Regulatory Authority) Act.

• Appellant Claim: The appellant argued that the respondent (Shri Shivdhan Community Private Limited) failed to submit the required quarterly reports on time, which constituted a violation of the RERA guidelines.
• Respondent Claim: In response, the builder asserted that they did submit the necessary quarterly reports. However, this claim was disputed by the appellant.
• Final Verdict: The authority ruled against Shri Shivdhan Community Private Limited and imposed a penalty of ₹75,000 for the infraction. This case illustrates a clear pattern of non-compliance with regulatory requirements, which is concerning for potential buyers.

Analysis of Legal Outcomes

Patterns in Lost Cases

The single legal case that Shri Shivdhan Community Private Limited has faced highlights a significant issue regarding compliance with legal requirements. The outcome demonstrates that the builder was found lacking in fulfilling their obligations under the RERA Act, suggesting a potential risk for buyers regarding the reliability of the builder in maintaining accountability and transparency.

Patterns in Won Cases

Interestingly, while the builder has faced significant difficulties, the data indicates one instance where the builder's claims were contested yet resulted in a fine rather than a complete lost case scenario in the typical sense. However, it’s notable that there have been no cases won that suggest successful defense or a robust standing in front of the authorities, further emphasizing the risk associated with contracting with this builder.

Overall Assessment

In summary, Shri Shivdhan Community Private Limited has a problematic profile in terms of legal accountability. The single case lost and the associated penalty suggest a deficiency in adhering to the required standards and regulations. For potential homebuyers, this raises substantial concerns about the builder’s practices and overall reliability.

Tips for Potential Buyers

1. Conduct Thorough Research: Before buying, check for any legal history or complaints filed against the builder. Understanding previous litigations can provide insights into their operational integrity.
2. Request Documentation: Always ask for documentation of their compliance with legal requirements, including their RERA registration and reports. A transparent builder will have no issue providing this information.
3. Seek Reviews and Recommendations: Connect with previous customers of Shri Shivdhan Community Private Limited to gauge their experiences. Positive feedback from verified buyers can improve confidence in your investment.
4. Consider Legal Advice: Consulting with a real estate attorney can help navigate the complexities of buying property and protect your interests.

General Tips for Selecting a Builder

• Check Regulatory Compliance: Builders should have a good history of compliance with RERA and local laws.
• Examine Past Projects: Visit previous projects completed by the builder to assess quality and workmanship.
• Go Through Terms Carefully: Always scrutinize the sales agreement and terms of service to ensure clarity on deliverables and timelines.

Conclusion

While Shri Shivdhan Community Private Limited offers opportunities in the Gujarat housing market, potential buyers should exercise caution. Given the current legal standing and past compliance issues, performing due diligence is crucial in making a well-informed decision.

Analysis of the cases filed against Shri Shivdhan Community Private Limited, where the builder lost, reveals several key themes and key patterns underlying the disputes. The cases primarily revolve around two critical issues: non-compliance with the RERA Act and Rules, and delays in submitting mandatory reports as required by the regulatory framework.

The first theme, non-compliance with RERA, highlights the importance of adhering to legal standards in real estate development. In the case summarized, the builder was penalized for failing to submit quarterly reports on time, demonstrating a breach in regulatory compliance. This instances serves as a warning to builders about the necessity of fulfilling their obligations, as non-compliance can lead to significant penalties and legal repercussions.

The second theme, delays in submitting reports, is closely linked to the first. It emphasizes the timely fulfillment of obligations and transparency in reporting. Builders must understand that timely reporting is crucial for maintaining transparency and compliance with the RERA Act. Delays in report submissions can not only incur penalties but may also raise concerns among potential buyers regarding the builder's reliability and adherence to regulations.

Common reasons for litigation in these cases include contesting penalties imposed for non-compliance and disputing claims of report submissions. People may bring cases to court if they believe the builder has incorrectly stated their adherence to regulations or if they are contesting the severity of the penalties imposed. A prevalent pattern observed is that builders tend to face litigation when they fail to provide adequate evidence of compliance or report submissions, leading to a series of legal disputes.

The builder in these cases primarily lost due to insufficient evidence supporting their claims of compliance and timely report submissions. The imposed penalty of ₹75,000 reflects the authority's commitment to enforcing the RERA Act and serves as a deterrent for future non-compliance. Overall, these cases underscore the importance of regulatory adherence, transparency, and timely reporting in the real estate sector.