| CIN | Not Available |
|---|---|
| Year Established | Not Available |
| Address | Not Available |
| Company Status | Not Available |
Introduction
Swastik Enterprise has established its presence in the real estate sector primarily in Gujarat. However, potential homebuyers might want to pause and reflect on the builder's legal standing before making a decision. This article aims to delve into the builder's history of legal challenges, analyzing complaints, outcomes, and what this means for potential customers.
Overview of Legal Complaints Against Swastik Enterprise
Swastik Enterprise has faced a total of three legal complaints, and notably, the builder has lost all three cases. The outcomes highlight significant issues pertaining to legal compliance and the builder's obligations under the Real Estate (Regulation and Development) Act (RERA).
Breakdown of Legal Cases
- Case 1: Swastik Enterprise was found to have violated Section 13(1) of the RERA Act by collecting 10% more amounts from 12 housing units without a registered agreement. The builder was penalized with a fine of Rs. 50,000.
- Case 2: This case involved the failure to submit Form-5 within the set timeframe. The fine imposed for this breach was Rs. 15,000.
- Case 3: The builder did not submit the annual audit report for the 'Swastik Textile Market Phase-I' on time, leading to a hefty penalty of Rs. 1,25,000 due to technical issues claimed by the builder.
Patterns in Legal Cases
Cases Lost:
- Common Theme: A recurring theme in the lost cases for Swastik Enterprise involves the failure to comply with legal requirements. Specifically, the inability to submit necessary documentation (like the annual audit report and Form-5) and financial impropriety (charging without a registered agreement) underscore serious management and operational deficiencies.
- Implications for Buyers: Such issues raise red flags about the builder’s financial practices and adherence to regulatory frameworks, which are critical in real estate transactions.
Cases Won (Fines Imposed):
- Although Swastik Enterprise has cited claims in their defense, the outcomes still resulted in significant fines. The fines indicate a pattern of inadequate administrative compliance and oversight rather than successful defense against claims.
Conclusion
Swastik Enterprise's legal track record paints a concerning picture for potential buyers. With all three cases resulting in losses and fines, it becomes evident that the builder struggles with legal compliance and proper documentation practices.
Tips for Potential Buyers
- Due Diligence: Always conduct thorough research about the builder's history and any legal issues. Check for ongoing litigation and past complaints to gauge reliability.
- Documentation: Ensure that all financial transactions and agreements are documented formally and in alignment with RERA regulations. Avoid any arrangements without properly registered agreements.
- Seek Legal Advice: Before making any purchase, consult with real estate professionals or legal experts to understand the implications of any legal troubles the builder may have.
General Tips for Buyers When Selecting Any Builder
- Investigate the builder's previous projects and client feedback to understand their reputation.
- Always verify that the builder has the required licenses and accreditations before proceeding with a purchase.
- Look out for any signs of previous complaints and take them into account when making your decision.
In summary, while Swastik Enterprise may have potential, its legal challenges imply risks that prospective buyers should seriously consider.
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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 Swastik Enterprises, where the builder lost, reveals several key themes across the disputes. The cases highlight key issues such as non-compliance with the RERA Act, failure to submit mandatory reports on time, and the imposition of penalties for project delays.
The first type of case involves violations of the RERA Act, specifically where the builder was accused of taking more money from buyers without a registered agreement in place. This demonstrates a concerning trend regarding financial dealings and transparency, which is critical in real estate transactions.
Another recurring theme is the builder's failure to submit required documentation, including annual audit reports. The reasons provided for this failure varied, with the builder claiming technical issues on one occasion and failing to meet the deadline without valid reasons on another. This inconsistency highlights an apparent lack of organizational diligence and compliance with regulatory requirements.
The imposition of penalties for project delays and non-compliance serves as a third theme across the cases. Buyers and authorities alike are increasingly intolerant of delays and violations of agreed-upon timelines. The fines imposed on Swastik Enterprises—ranging from Rs. 15,000 to Rs. 1,25,000—illustrate the serious nature of these infractions and the need for builders to adhere to their commitments.
Common reasons for the builder’s losses in these cases include insufficient evidence to defend their actions, non-compliance with the RERA Act, and failure to fulfill reporting requirements as mandated by authorities. The patterns emerging from these disputes suggest that buyers are particularly sensitive to issues of transparency and timely communication, and that builders who fail to meet these expectations are likely to face legal consequences.
Overall, this analysis should serve as a cautionary tale for potential buyers considering projects by Swastik Enterprises. It emphasizes the importance of doing thorough research, assessing a builder's reputation, and understanding their history with local authorities before making a purchase decision.
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/NCAR/SURAT/2… | Gujarat | The Gujarat Real Estate Regulatory Authority impo… | ["Non-submission of… | {"appellant_claim": "The appellant claimed that t… | Gujarat Real Estate… | Swastik Enterprises | https://drive.google.com/uc?id=1cXCncVdVwIxTRcGguAltyHFFlxgMrYiU |
| G1/CMP/NCAR/VALSAD/… | Gujarat | The Gujarat Real Estate Regulatory Authority fine… | ["Non-submission of… | {"appellant_claim": "", "respondent_claim": "The … | Swastik Enterprises | https://drive.google.com/uc?id=19JdKQmgbG9vh-zDrz7J-LP3a13oUMnbt | |
| Gi/CMP/SM/SURAT/210… | Gujarat | Swastik Enterprises violated Section 13(1) of the… | ["RERA Act Violatio… | {"appellant_claim": "Swastik Enterprises violated… | Gujarat Real Estate… | Swastik Enterprises | https://drive.google.com/uc?id=14cER82H1xVWd6DUoSX1ixdtJ0j-aULhU |