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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.
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.
Conversely, SHYAM DEVELOPERS has faced significant challenges in four other cases. The common issues identified in these cases include:
The lone victory for SHYAM DEVELOPERS revolves around operational timeliness, suggesting a strength in project execution. However, the multiple losses reveal a significant weakness in regulatory compliance and customer information transparency. These findings illustrate a crucial area of concern for potential buyers; understanding that operational efficacy does not necessarily ameliorate legal accountability or consumer protection commitments.
Based on the available data, SHYAM DEVELOPERS shows potential with their ability to complete projects on time, yet their legal record raises substantial red flags. For potential buyers, here are some guided tips:
Navigating the complexities of real estate purchases requires diligence, especially with builders like SHYAM DEVELOPERS. Making informed decisions based on empirical data can lead to a more secure and satisfactory home buying experience.
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Here you’ll find cases where others sued the builder, and the builder lost. We’ve included a simple summary and key takeaways from each case.
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 in real estate dealings.
The common trigger for these legal disputes is primarily the builder's non-compliance with the RERA provisions and project registration requirements. People brought cases to court largely due to the builder’s failure to adhere to these regulations, which are established to protect the interests of home buyers.
The reasons for the builder's losses in these cases are evident: insufficient adherence to legal standards, failure to fulfill information disclosure obligations, and a lack of engagement with regulatory authorities. These instances reflect a broader trend in the market where builders may prioritize profit over compliance, ultimately to the detriment of buyers and the builders' own reputations.
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 |
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108/2019 | Gujarat | The Gujarat Real Estate Regulatory Authority (GUJ… | ["Real Estate", "Re… | {"appellant_claim": "The appellant claimed that t… | Gujarat Real Estate… | Shyam Developers | https://drive.google.com/uc?id=16gK1wVNcdI0ZazcHCeyoQymCRMr3hbpb |
81/2019 | Gujarat | The Gujarat Real Estate Regulatory Authority fine… | ["RERA registration… | {"appellant_claim": "The appellant claimed that t… | Gujarat Real Estate… | Shyam Developers | https://drive.google.com/uc?id=1GZ0wNkjslPsdUKPw5bVW0xkFSBEmUcPQ |
1180-294/2019 | Gujarat | Gujrera filed a complaint against Shyam Developer… | ["RERA violation", … | {"appellant_claim": "Gujrera claimed that Shyam D… | Gujarat Real Estate… | Shyam Developers | https://drive.google.com/uc?id=1CjGU1LxMQNR9ZAmc3_wHjryvTSHDHk8v |
2472096 | Gujarat | The promoter-developer of the 'Radhe Heights' pro… | ["Violation of RERA… | {"appellant_claim": "The appellant claimed that t… | Gujarat Real Estate… | Shyam Developers | https://drive.google.com/uc?id=1-W516WhVSLUo6n3gY4yqnSGg7CLf1Bd- |
Here you’ll find cases where the builder sued others and won. We’ve included a summary and key insights from each case.
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 argued were exaggerated or unjust. The common pattern that emerged from these cases indicates that the builder often faced litigation stemming from disputes over compliance regulations and advance payments rather than actual misconduct on their part.
The primary reasons for the builder's success in these legal battles tend to involve the lack of sufficient evidence presented by opposing parties, with the courts often siding with SHYAM DEVELOPERS when clear violations did not substantiate the claims against them. The authority's oversight in not adhering to their own regulations—such as entering into written agreements—presented a significant flaw in the claims brought against the builder. This showcases SHYAM DEVELOPERS' ability to effectively defend themselves against accusations that were sometimes unfounded or exaggerated.
This analysis reveals a lot about SHYAM DEVELOPERS' reputation within the broader real estate market. It illustrates how builders can sometimes be unjustly accused of misconduct, leading to costly and time-consuming legal battles. Nevertheless, the builder's strong track record of winning litigation reinforces the notion that allegations can be misleading, thus positioning them positively in the eyes of potential buyers.
To potential buyers, this underscores the importance of making well-informed decisions. While legitimate disputes do arise in real estate, the experiences of SHYAM DEVELOPERS emphasize the need to evaluate claims carefully and rely on reliable information before forming opinions about a builder’s reputation. Understanding the context and outcomes of such cases helps prospective buyers navigate the market more effectively.
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 |
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Gi/cmp/sm/211223/01… | Gujarat | The Gujarat Real Estate Regulatory Authority exem… | ["Exemption from pe… | {"appellant_claim": "The promoters claimed that t… | Shyam Developers | Gujarat Real Estate… | https://drive.google.com/uc?id=1Pb7lfNs45RmuKbKafiAN6L7uxSJEUFHQ |