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Overall Case Outcomes
Introduction
SHYAM DEVELOPERS, a builder primarily operating in Gujarat, presents a case study of both achievements and challenges faced within the real estate sector. With a total of five complaints filed against them, the builder has won only one case while losing four. This blog aims to analyze the legal disputes surrounding SHYAM DEVELOPERS, highlight patterns in their outcomes, and provide essential insights for potential buyers.
Overview of Legal Cases
Cases Won
SHYAM DEVELOPERS has successfully won one case, where they maintained that the project was completed within the stipulated time frame. This defense led the regulatory authority to exempt them from penal action despite a claim of financial misconduct involving advance payments without a signed agreement. This case signifies a strong point for the builder, showing their ability to meet deadlines, which is often a concern among homebuyers.
Cases Lost
Conversely, SHYAM DEVELOPERS has faced significant challenges in four …
Cases Lost by Builder (When Defending)
Yearly Trend for these Cases
Common Topics
Analysis of the cases filed against Shyam Developers, where the builder lost, revealed significant insights into their legal disputes. The cases can be grouped into three primary themes: RERA compliance violations, failure to register projects, and incomplete information provided to buyers.
The RERA compliance violations constitute the majority of the cases, with the builder being fined multiple times for not displaying their RERA registration number and website in advertisements, as mandated by Section 11(2) of the Real Estate (Regulation and Development) Act, 2016. This highlights a pattern of neglect towards regulatory requirements, leading to legal consequences.
Another recurring theme is the builder's failure to register their projects with GUJRERA. In one significant case, the authority found that the builder had not registered a project and had failed to provide necessary information to the buyers, resulting in a fine of ₹2 lakhs. This underscores the importance of project registration and transparency …
Individual case details available for subscribers.
Cases Won by Builder (When Filing)
Yearly Trend for these Cases
Common Topics
An analysis of the cases filed by the builder, SHYAM DEVELOPERS, which it won, revealed the following information. These cases mainly revolve around two significant themes: Penalties for Advance Payment Violations and Timely Completion of Projects.
In the case of Penalties for Advance Payment Violations, the builder contended that the regulatory authority's claims of non-compliance with the RERA Act were unfounded, as they had completed the projects within the stipulated time frame. Conversely, the regulatory authority asserted that the builder had accepted more than 10% of the total cost as an advance without a formal written agreement, a violation that could entail penalties. SHYAM DEVELOPERS successfully defended their actions by emphasizing the timely completion of the project, thus leading to a favorable verdict in their favor.
Despite the robust claims made by the regulatory authorities regarding compliance, the builders sought court intervention primarily to contest penalties that they …
Individual case details available for subscribers.
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