SHYAM APARTMENT

Introduction

Navigating the world of real estate can be complex, especially when it comes to understanding the builders behind the properties we consider purchasing. Today, we take a closer look at Shyam Apartment, a builder operating in Rajasthan, and analyze the legal challenges they have faced as well as key insights for potential buyers.

Overview of Shyam Apartment

Shyam Apartment has had a total of 1 complaint filed against it, resulting in 1 lost case and no cases won. The legal troubles stem from violations of the Real Estate (Regulation and Development) Act, 2016, specifically Section 11(2), which emphasizes the responsibilities of promoters in the real estate sector. In this instance, a penalty of Rs. 5,000 was imposed on each of the six respondent promoters, highlighting a significant issue in compliance.

Legal Case Analysis

Patterns in Lost Cases

Given that Shyam Apartment has only lost one case, we notice that this particular case directly relates to regulatory violations. The specific infraction involved the builder’s failure to adhere to the guidelines established in the Real Estate (Regulation and Development) Act, indicating an area of concern regarding their operational compliance and oversight.

Patterns in Won Cases

Interestingly, Shyam Apartment has no record of winning cases, which raises a red flag for potential buyers. The absence of legal victories might suggest a history of insufficient defense or questionable practices within their operations.

Conclusion

Shyam Apartment’s legal track record reveals a builder that has encountered regulatory challenges, leading to penalties imposed for non-compliance. While there is no indication of a larger pattern of legal battles, the single complaint and loss must be taken seriously by potential buyers.

Tips for Potential Buyers

If you are considering purchasing a property from Shyam Apartment, or any builder for that matter, keep the following tips in mind:

1. Due Diligence: Before making any financial commitments, conduct thorough research on the builder’s past legal issues, project delivery timelines, and customer reviews.
2. Understand Your Rights: Familiarize yourself with the Real Estate (Regulation and Development) Act, 2016, so you are aware of your rights as a buyer and what you can expect from the builder.
3. Written Agreements: Ensure all agreements are documented clearly and include timelines, specifications, and penalties in case of non-compliance.
4. Customer Feedback: Look for feedback from previous buyers regarding their experiences, especially relating to project delivery and post-purchase support.
5. Professional Assistance: Consider hiring a real estate lawyer to help you navigate contracts and understand any legal language that might be unclear.

By following these guidelines, buyers can make informed decisions and reduce the risk of facing problems with their property purchases.

General Tips for Selecting Any Builder

• Check Registration: Verify that the builder is registered with relevant authorities and complies with all regulations.
• Look for Experience: A builder with a long history of successful projects may be more reliable.
• Visit Past Projects: If possible, visit completed projects to assess quality and craftsmanship.
• Beware of Deals Too Good to Be True: Extremely low prices can be a warning sign of hidden issues or subpar construction.

In summary, while Shyam Apartment operates in Rajasthan and has faced legal challenges, potential buyers must prioritize due diligence and awareness of their rights to navigate the landscape of real estate confidently.

Analysis of the cases filed against Shyam Apartment, where the builder lost, reveals several key themes across the disputes. The cases can be broadly categorized into two main topics: regulatory non-compliance and penalties for violations, highlighting systemic issues within the builder's operations.

The first theme, regulatory non-compliance, encompasses disputes centered around the builder's failure to adhere to legal frameworks established by the Real Estate (Regulation and Development) Act, 2016. In one notable case, the builder was penalized for violating Section 11(2) of the Act, which pertains to the responsibilities of promoters in real estate projects. This violation demonstrates a concerning lack of adherence to regulatory standards, which are established to protect the interests of prospective buyers and ensure the integrity of real estate ventures.

The second theme, penalties for violations, directly follows from the first as it pertains to the consequences faced by the builder due to their non-compliance. In the case outlined, a penalty of Rs. 5,000 was imposed on each of the six respondent promoters, signaling a collective responsibility among the project's stakeholders for failing to meet regulatory requirements.

Common reasons for litigation in these cases include contesting the penalties imposed, disputing allegations of delay caused by the builder, and disagreements over project classifications. A pattern emerges where the builder’s litigation often stems from an attempt to defend against claims of misconduct or failure to deliver projects in compliance with regulations.

The builder's losses in these cases can be attributed to several factors, most notably insufficient evidence to defend their actions, and a clear record of non-compliance with legal standards. The penalties suggest that the builder may have either willfully violated regulations or failed to understand the requirements set forth by the RERA, leading to significant legal consequences.