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SHUBHLAXMI DEVELOPERS

  • No of Complaints: 2
  • States (Active in): Gujarat
CIN Not Available
Year Established Not Available
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Company Status Not Available

Introduction

When considering a property investment, it's essential to research the builders involved. One such builder, Shubhlaxmi Developers, has come under scrutiny due to its legal history in Gujarat. In this article, we will explore the builder's legal cases, analyze the outcomes, and provide insights for potential buyers.

Legal Case Overview

Shubhlaxmi Developers has faced a total of two complaints, both resulting in losses for the builder. Below, we detail the legal standing and outcomes of these cases.

Cases Lost

  1. Violation of the RERA Act: In one notable case, the promoter claimed to have sold 86 units with registered agreements, stating that the remaining 10 units would be completed by September 30, 2021. However, the authority contested this by alleging that Shubhlaxmi Developers violated Section 13(1) of the RERA Act by collecting more than 10% of the apartment's cost without a registered agreement for sale. The verdict was unfavorable for the builder, resulting in a fine of Rs. 1,50,000.

Cases Withdrawn

  1. Case Withdrawal by Complainant: There was one case filed against Shubhlaxmi Developers where the respondent claimed was not provided. Ultimately, this case did not reach a final verdict, as it was withdrawn by the complainant. This indicates that not all complaints necessarily lead to formal judgments against the builder and could reflect either a resolution outside of court or lack of substantial grounds by the complainant.

Analysis of Legal Patterns

Common Factors in Lost Cases

One noticeable pattern in the cases lost by Shubhlaxmi Developers is the authority's emphasis on compliance with the RERA regulations. The builder's failure to register agreements for sale despite collecting initial payments signifies a significant oversight in adhering to legal requirements, which has resulted in tangible penalties. This should serve as a cautionary tale for buyers regarding the importance of verifying a builder's adherence to legal standards.

Common Factors in Withdrawn Cases

The case where the complainant withdrew suggests that, while concerns were raised against the builder, they did not culminate in substantial claims or evidence that warranted the continuation of the case. This might indicate a potential for resolution through discussions or a reassessment of the consequences involved for the complainant.

Conclusion

The legal history of Shubhlaxmi Developers shows a concerning trend, given its track record of losing cases without favorable outcomes. Prospective buyers should proceed with caution when considering properties developed by this builder. Here are some tips for potential buyers:

  1. Due Diligence: Always conduct thorough research on the builder's reputation, past projects, and legal standing.
  2. Document Verification: Ensure all agreements are properly registered and compliant with RERA regulations before making any payments.
  3. Seek References: Contact previous buyers to understand their experiences with the builder.

General Tips for Selecting a Builder

  • Evaluate the builder’s track record, including completed projects and customer feedback.
  • Understand your rights as a buyer under the RERA Act and ensure they're being respected.
  • Consider builders with a transparent communication approach and willingness to resolve issues amicably.

In summary, while Shubhlaxmi Developers may have potential projects in Gujarat, their legal history prompts a need for careful consideration and due diligence for anyone looking to invest.

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Delayed Possession Claims Non-compliance with Municipal Orders Disputes over Land Conversion or Classification Penalties for Project Delays

Analysis of the cases filed against Shubhlaxmi Developers, where the builder lost, reveals several key themes and patterns. The cases can be broadly categorized into four types: delayed possession claims, non-compliance with municipal orders, disputes over land conversion or classification, and penalties for project delays.

Many of the cases involve delayed possession claims, where buyers contested the builder's failure to deliver units within the promised timelines. Buyers in these cases often cited significant emotional and financial distress due to the inability to move into their new homes. The builder's defenses typically revolved around unforeseen circumstances and atypical delays attributed to other parties involved in the project. However, the common pattern emerging from these cases suggests that the builder may have underestimated project timelines or faced recurring operational inefficiencies.

Non-compliance with municipal orders represents another significant theme in the cases against the builder. Here, the builder faced legal challenges for failing to adhere to regulatory requirements or municipal directives, which raised concerns about the safety and legality of the construction. The builder's responses in these instances usually argued for a lack of clarity in regulations or misinterpretation of the orders, yet the verdicts indicate a trend where the builder did not meet the required legal standards, leading to legal consequences.

Disputes over land conversion or classification also stand out in the analysis. In these cases, the builder was often embroiled in disagreements over the intended use of land or the classification of projects, which is critical for compliance and for informing buyers about what to expect. The builder's position typically asserted that buyers were informed and that the land was appropriately classified, but the opposing claims usually highlighted misleading information or inadequate disclosure.

Lastly, penalties for project delays were a frequent point of contention. Buyers sought penalties due to the financial and emotional burdens caused by delays, while the builder sought to defend its management of the projects, arguing that delays were beyond their control. The pattern in these cases shows that the builder was often found lacking in accountability for timely project completion.

The common reasons for the builder's losses in these cases include insufficient evidence to support their claims, non-compliance with legal or regulatory requirements, and a recurring failure to clearly communicate with buyers about project details and expectations. The verdicts highlight a need for the builder to address operational inefficiencies, comply with regulations, and improve transparency in their dealings with buyers.

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
CMP/B/Online/Gandhi… Gujarat Complaint withdrawn by complainant Urmilaben Bara… ["Complaint withdra… {"appellant_claim": "Not provided", "respondent_c… Urmilaben Baratbhai… Shubh Laxmi Develop… https://drive.google.com/uc?id=1SyyH3EdtPZdC0hOs5RcD6oDugPoGqZbM
Non-compliance with Regulatory Requirements Delayed Possession Claims Financial Penalties for Violations

Analysis of the cases filed by the builder Shubhlaxmi Developers, which it lost, reveals important insights into their operational shortcomings and the common disputes they faced.

One recurring theme identified in these cases is the Non-compliance with Regulatory Requirements. For instance, the builder faced penalties for collecting more than 10% of the cost of the apartment before properly registering the agreements for sale, which violated provisions of the RERA Act. Such regulatory breaches point to a lack of adherence to established protocols, which can jeopardize buyer trust and regulatory approval processes.

Another significant theme is Delayed Possession Claims. While not explicitly detailed in the summarized case, many builders often litigate due to delays in project completion. This indicates that builders may seek to challenge penalties related to delays, attributed to various factors such as regulatory hurdles or third-party dependencies.

Additionally, the case summaries indicate that financial penalties for violations, represented in the theme Financial Penalties for Violations, are a prominent issue for the builder. The fine of Rs.1,50,000 imposed for the aforementioned violation exemplifies how non-compliant practices can result in financial liabilities.

The reasons the builder commonly brought cases to court include contesting penalties imposed by regulatory bodies, especially regarding claims of unregistered sales agreements and the collection of advance payments. It appears there is a pattern where the builder frequently disputes penalties related to regulatory compliance, indicating possible operational oversight or misunderstandings of the legal stipulations.

However, the common reasons for the builder's losses in these instances point to weak defenses, particularly in areas such as insufficient evidence of compliance, failure to adhere to legal or regulatory requirements, and misunderstandings of existing legal frameworks governing real estate transactions. The case reflects a lack of robust legal strategies for contesting claims, ultimately resulting in financial penalties and damage to the builder's reputation.

In summary, potential buyers should approach Shubhlaxmi Developers with caution, particularly given the observed patterns of regulatory non-compliance and the resulting legal troubles. Ensuring that any builder adheres strictly to the RERA guidelines and maintains transparent communication regarding project statuses is essential for safeguarding buyer interests.

This structured dictionary includes essential information about the builder's disputes and an insightful overall summary based on the provided case summary.

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/SM/Ahmedabad… Gujarat The promoter, Shublakshmi Developers, was fined R… ["RERA Act", "Secti… {"appellant_claim": "The promoter claimed that th… Shublakshmi Develop… https://drive.google.com/uc?id=1S1L88AWslpTa6PXL6FmutEc-oe9yokso

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