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SWASTIK DEVELOPERS

  • No of Complaints: 15
  • States (Active in): Chhattisgarh, Gujarat
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Year Established Not Available
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Introduction

In the competitive world of real estate, a thorough understanding of a builder's track record is essential for potential buyers. This blog post delves into SWASTIK DEVELOPERS, analyzing their legal history, particularly the cases they have faced, and provides insights for prospective buyers.

SWASTIK DEVELOPERS at a Glance

SWASTIK DEVELOPERS operates primarily in Chhattisgarh and Gujarat, with a total of 15 complaints filed against them. The builder has faced litigation on multiple fronts, leading to a mixed record in legal outcomes: 5 cases won and 10 cases lost.

Legal Case Details

Cases Lost

  1. Single case filed by the builder: In this instance, SWASTIK DEVELOPERS claimed compliance with regulations; however, they lost the verdict, resulting in a fine of Rs. 25,000/- for failing to meet the necessary guidelines under the authority's regulations.
  2. Case filed against the builder: A consumer alleged that the builder did not provide accurate rent information and failed to transfer ownership of a newly acquired flat. The builder’s defense was insufficient, and the case was dismissed in favor of the consumer.

From these cases, a notable pattern emerges: SWASTIK DEVELOPERS has faced challenges largely surrounding compliance with regulatory standards and documentation, leading to unfavorable judgments. This underscores the importance of transparency and adherence to procedural requirements in the real estate sector.

Cases Won

  1. SWASTIK DEVELOPERS won 4 cases in which they successfully argued that they had provided required documents for project registration, despite claims of non-compliance. Ultimately, these cases were decided in favor of the developer due to documented agreements and contracts with other parties.
  2. Additionally, 9 cases were resolved in favor of SWASTIK DEVELOPERS against various complaints concerning the provision of amenities and project specifications. These outcomes demonstrate the builder's capability to defend itself effectively, particularly against allegations related to service provision.

The common thread in the successful cases appears to be SWASTIK's ability to present sufficient documentation and prove compliance when challenged, thus navigating complex consumer claims effectively.

Overall Assessment

SWASTIK DEVELOPERS presents a paradox of strengths and weaknesses. While the builder has a commendable defense in many disputes, the 10 cases lost highlight a troubling trend of compliance issues and regulatory oversight. For potential buyers, the builder's mixed legal record suggests a need for caution. Conducting comprehensive due diligence prior to investment—understanding project status, compliance with local regulations, and past performance—is advisable.

Tips for Potential Buyers

  1. Due Diligence is Crucial: Investigate the builder's past projects and legal history to understand underlying issues that may arise.
  2. Ask for Documentation: Demand visibility into all relevant documents regarding project registration and compliance to ensure the builder meets legal requirements.
  3. Seek Testimonials: Look for reviews from previous buyers to gauge the builder's reputation and quality of service.
  4. Consult Experts: Engage with real estate professionals or legal advisors to navigate any complex matters relating to contracts and compliance.

General Tips for Selecting a Builder

  • Research Thoroughly: Beyond the reputation, look into the builder's past projects, complaint history, and resolution patterns.
  • Evaluate Transparency: Choose builders who openly communicate their processes and documentation.
  • Understand Legal Rights: Familiarize yourself with local laws governing real estate to safeguard your rights as a buyer.
  • Financial Security: Consider the financial health of the builder, as it reflects their ability to complete projects on time and meet quality expectations.

Conclusion

In conclusion, while SWASTIK DEVELOPERS has managed to win a substantial number of cases, their high number of losses around compliance issues calls for careful consideration. Potential buyers should prioritize informed decision-making by researching diligently and emphasizing regulatory compliance in their evaluations. The aim should be to ensure a sound investment in one's future home or property.

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Failure to Provide Necessary Amenities Non-Compliance with Information Disclosure Fraudulent Activities and Illegal Construction Violations of RERA Act Delay in Submitting Mandatory Reports

Analysis of the cases filed against Swastik Developers, where the builder lost, reveals significant insights into their operational practices and compliance with regulatory requirements. The cases can be broadly categorized into several themes, each highlighting a unique aspect of the builder's disputes.

Many cases centered around the Failure to Provide Necessary Amenities, where the applicants claimed that Swastik Developers did not deliver promised amenities and services for projects like 'Galaxy New Town'. This suggests a pattern of neglecting essential requirements that homebuyers expect, leading to multiple legal challenges.

Non-Compliance with Information Disclosure emerged as another theme. In one case, the applicant alleged that the builder failed to provide information regarding the approved layout, specifications, or other permissions of the project. This highlights an important issue: transparency is crucial in real estate, and withholding vital information can prompt legal action.

Fraudulent Activities and Illegal Construction also stood out, with a case alleging that the builder fraudulently sold a part of a plot to another person and carried out illegal construction without the original buyer's knowledge. This shows a troubling disregard for ethical practices and legal frameworks in property sales.

Additionally, Swastik Developers faced penalties for Violations of RERA Act. In one instance, the builder sold units without registering the project, which is a clear breach of the Act's provisions. In another case, the builder was fined for not submitting the annual audit report on time, further indicating a lack of compliance with regulatory requirements.

Delay in Submitting Mandatory Reports was a recurring issue, leading to fines imposed by the authority. This underlines the importance of maintaining timely and accurate reporting in the real estate sector, as delinquency can result in legal consequences.

The common triggers for these legal disputes primarily revolve around allegations of failure to deliver on promises, non-compliance with legal standards, and fraudulent practices. The builder's losses in these cases often stem from insufficient evidence to support their claims, failure to comply with legal or regulatory requirements, and misunderstandings of their obligations under the RERA Act.

Overall, this analysis indicates a need for Swastik Developers to address significant operational shortcomings, improve transparency, and ensure compliance with regulatory frameworks to avoid further legal challenges.

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
Gi/cP/NCAR/AHMEDABA… Gujarat The Gujarat Real Estate Regulatory Authority (GUJ… ["Non-submission of… {"appellant_claim": "Not provided", "respondent_c… Swastik Developers https://drive.google.com/uc?id=11snUMRxxjTQfLZRkEGQnoGebBzEu56QM
19R-115/2018 Gujarat The Gujarat Real Estate Regulatory Authority file… ["Non-compliance wi… {"appellant_claim": "The appellant claimed that t… Gujarat Real Estate… Swastik Developers https://drive.google.com/uc?id=1JFYU4WGfFgCVRv6NCOa-Ol3kyAbLvAf8
GJ/CMP/OFC/AHMEDABA… Gujarat The complainant withdrew their complaint against … ["Complaint withdra… {"appellant_claim": "The complainant claimed that… Pranayata Park Co. … Swastik Developers https://drive.google.com/uc?id=150sGV94CCCH_VUWx2igrwugyayA0Ry3i
G1/CMP/SM/VADODARA/… Gujarat Swastik Developers sold units without registering… ["Unregistered proj… {"appellant_claim": "Swastik Developers sold unit… Gujarat Real Estate… Swastik Developers https://drive.google.com/uc?id=14mhJlRHHk3yhhehc_wMhRRKa_mD6hqEW
Suo-Moto 150/2 Gujarat The Gujarat Real Estate Regulatory Authority (Guj… ["Non-submission of… {"appellant_claim": "", "respondent_claim": "The … Swastik Developers https://drive.google.com/uc?id=1kjK8QnYUNTA3MAVEPzxRjf4VEkPtNo5p
S20-209-00879 Chhattisgarh The applicant, Smt. Indu Sahu, filed a complaint … ["Fraudulent sale",… {"appellant_claim": "The applicant claimed that t… Smt. Indu Sahu Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_M-PRO-2019-00879/FILE_FINAL_ORDER_4399d884-803f-40c1-98b6-e4f9d51132dd.pdf
D-A20-2022-0790 Chhattisgarh The applicant, Mrs. Bismat Bai and Mrs. Rukhmani … ["Galaxy New Town",… {"appellant_claim": "The applicants claimed that … Mrs. Rukhmani Sahu Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_M-PRO-2022-01790/FILE_FINAL_ORDER_06163948-366c-436f-8a58-f4e4a01386f7.pdf
Non-compliance with Regulatory Guidelines Penalties for Non-compliance Disputes over Project Oversight

The analysis of the cases filed by Swastik Developers, where they faced defeat, reveals a pattern of disputes primarily centered around non-compliance with regulatory guidelines and associated penalties.

One of the most notable themes is the builder's struggle with non-compliance. In the examined case, the builder claimed adherence to all regulations and guidelines set forth by the relevant authority. However, the opposing party successfully contested this claim, leading to an imposed fine for non-compliance. This highlights a significant issue in the builder's operations, where despite claims of compliance, legal outcomes indicate otherwise.

Another prominent theme in the disputes seems to be the penalties arising from non-compliance. The builder's legal actions appeared to center around contesting financial penalties imposed due to failures in meeting regulations. The narrative suggests an attempt by Swastik Developers to push against the responsibilities placed upon them by municipal regulations.

Common triggers for litigation by the builder include contesting compliance-related penalties, asserting adherence to regulations in the face of opposing claims, and trying to dispute project oversight from governmental or municipal authorities. These triggers indicate a persistent effort to mitigate perceived unfair penalties and defend their operational practices.

Examining the reasons for the builder’s losses reveals several points of concern. A recurring issue seems to be an insufficient presentation of evidence to support their claims of compliance. Furthermore, there is a clear indication of non-compliance with specified legal and regulatory requirements, which ultimately undermined their position in court. The builder's failures to follow interim directions or resolve misunderstandings regarding classifications also contributed to their defeats.

In conclusion, potential buyers and investors should carefully analyze the compliance history and regulatory adherence of Swastik Developers. Given the patterns observed in previous legal challenges, a vigilant approach to due diligence may save prospective clients from future disputes and complications.

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/NCQR/AHMEDAB… Gujarat The case is about the non-compliance of the real … ["Non-compliance of… {"appellant_claim": "The appellant claimed that t… Swastik Developers Gujarat Real Estate… https://drive.google.com/uc?id=1UbM9MuLn3gdnmcW0aaktDaev1hdeWyzJ
Regulatory Non-compliance Documentation Disputes Project Registration Issues

An analysis of the cases filed by the builder, which it won, revealed the following information.

The cases filed primarily fall under three key themes: Regulatory Non-compliance, Documentation Disputes, and Project Registration Issues. Each of these themes highlights the recurring issues that SWASTIK DEVELOPERS has faced in its transactions with regulatory authorities and buyers.

  1. Regulatory Non-compliance: The builder frequently encountered claims regarding the submission of mandatory documents required for project registration. In several cases, the Chhattisgarh RERA alleged non-compliance pertaining to the absence of crucial documentation, which SWASTIK DEVELOPERS contested successfully, arguing that these claims were unfounded.
  2. Documentation Disputes: A significant number of cases involved disputes about the adequacy of the paperwork submitted. The builder maintained that they had submitted necessary documents while asserting that the regulatory body often misinterpreted or overlooked these submissions, leading to twisted claims against them.
  3. Project Registration Issues: Another common theme involved challenges surrounding project registration. The builder claimed to have valid contracts and transactions in place but faced obstacles in completing the registration process. The claims made in these cases often hinged on procedural disputes rather than substantive issues.

The reasons the builder commonly brought these cases to court revolved around contesting the allegations made by the regulatory authority, disputing penalties, and asserting that delays in registration were more reflective of bureaucratic impediments than any failure on their part. Emerging patterns from the summaries indicate that these claims often stem from misunderstandings or misrepresentations of compliance requirements.

The common reasons for the builder's victories include the lack of substantial evidence from opposing parties, clear demonstrations of compliance, and often prevailing narratives that showed the builders' attempts to act within the law were thwarted by procedural issues beyond their control. SWASTIK DEVELOPERS effectively defended itself against allegations that could have severely impacted its reputation, showing resilience and a commitment to uphold its projects legally.

Overall, this analysis speaks volumes about the builder's reputation and the broader dynamics within the real estate market. It highlights that, while there are instances of legitimate disputes, many claims against builders can stem from misunderstandings or overreactions by buyers. SWASTIK DEVELOPERS, in particular, has demonstrated a strong capacity to fend off unjust allegations, underscoring its commitment to fulfill its obligations.

To potential buyers, this reinforces the importance of conducting thorough due diligence before drawing conclusions about a builder's reputation. While disputes in real estate are not uncommon, understanding the context and specifics of the claims can help buyers arrive at a more informed perspective. Buyers should approach claims with a discerning eye and seek reliable information before forming opinions about a builder's reliability.

This dictionary captures the themes identified in the case summaries, along with a comprehensive analysis that highlights key issues, patterns, and insights.

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
256 551-Ch200-202-0… Chhattisgarh Chhattisgarh RERA rejected the registration appli… ["Registration", "D… {"appellant_claim": "The appellant claimed that t… Chhattisgarh RERA Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_SM-PRO-2021-01515/FILE_FINAL_ORDER_5083163c-da29-4632-8d2f-ed7b60553305.pdf
232 55-SG20-202-0049 Chhattisgarh Chhattisgarh RERA rejected Swastik Developers' ap… ["Project registrat… {"appellant_claim": "Chhattisgarh RERA claimed th… Chhattisgarh RERA Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_SM-PRO-2021-01491/FILE_FINAL_ORDER_68f810f4-79d1-4abf-b4b1-27ea9a675617.pdf
23755-A?A20-202-004… Chhattisgarh Swastik Developers' application for registration … ["Non-submission of… {"appellant_claim": "Chhattisgarh RERA claimed th… Chhattisgarh RERA Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_SM-PRO-2021-01496/FILE_FINAL_ORDER_c8c61e3b-c54a-4a95-b7a3-2b95d4e0a799.pdf
2055-EC20-202-0465 Chhattisgarh Chhattisgarh RERA rejected the application for re… ["Non-submission of… {"appellant_claim": "The appellant claimed that t… Chhattisgarh RERA Swastik Developers https://rera.cgstate.gov.in/Content/ComplaintDocuments/Application_SM-PRO-2021-01465/FILE_FINAL_ORDER_3463aead-2b00-40f8-86b9-2f8dc9146d20.pdf
Rental Disputes Ownership Transfer Issues

An analysis of the cases filed against the builder, SWASTIK DEVELOPERS, which the builder won, revealed the following information.

The primary theme in these cases concerns Rental Disputes and Ownership Transfer Issues. In particular, the disputes often revolved around allegations regarding the failure to provide correct rental agreements and the timely transfer of property ownership. These themes highlight the common friction points between buyers and builders, particularly in a complex real estate environment.

Many of these cases arise from buyers contesting the legitimacy of the rental agreements or delaying ownership handovers. Buyers frequently express concerns over unclear or misinterpreted terms within agreements, leading to dissatisfaction and the feeling that their rights are being infringed upon. Such conflicts serve as catalysts for legal action, where buyers seek to enforce what they believe to be their entitlements.

In the specific case against SWASTIK DEVELOPERS, the builder successfully defended itself by demonstrating that it had, indeed, provided the appellant with the correct rental agreement while also ensuring that the ownership of the flat was duly transferred. This outcome suggests that the builder was able to substantiate its claims with sufficient evidence, countering the appellant's assertions effectively. The dismissal of the appellant's complaint indicates that miscommunications or misunderstandings often lie at the heart of such disputes, rather than outright negligence or wrongdoing by the builder.

This pattern showcases a broader insight: SWASTIK DEVELOPERS appears to have a robust legal and operational framework in place that allows it not only to comply with regulations but also to respond firmly to unsubstantiated claims. The builder seems to have cultivated a reputation for effectively addressing potential grievances before they escalate into significant legal challenges, reinforcing its standing in the real estate market.

For potential buyers, this analysis underscores the necessity of making well-informed decisions in the complex landscape of real estate transactions. While instances of legitimate disputes do exist, the case against SWASTIK DEVELOPERS serves as a reminder that buyers may sometimes pursue claims that lack reliable evidence or are based on misunderstandings. Buyers should approach claims against builders critically, prioritizing verification and seeking reliable information before forming opinions regarding a builder's reputation.

In conclusion, the legal outcomes for SWASTIK DEVELOPERS emphasize the importance of understanding both sides of these transactions, and highlight the value of thorough due diligence by buyers looking to invest in real estate.

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/Ahmedabad/21033… Gujarat The appellant, Shri Jagdeepbhai Nayak, filed a co… ["Development of Pr… {"appellant_claim": "The appellant claimed that t… Shri Jagdeepbhai Na… Swastik Developers https://drive.google.com/uc?id=150P52fWdKtlZAIum1xWrb7giszKmw4DC

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