Delay In Possession A Continuous Cause of Action: Delhi State Commission Holds Raheja Developers Liable For Deficiency In Service
3 months, 2 weeks ago

Delay In Possession A Continuous Cause of Action: Delhi State Commission Holds Raheja Developers Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a continuous delay in handing over the possession is a continuous cause of action and amounts to deficiency in service. Therefore, the complainant approached the State Commission alleging that the builder had deficiencies.The complainant seeks refund of the principal amount of Rs. Observations by the State Commission The State Commission observed that the complainant paid Rs.. 1,10,21,649 to the builder, as evident from payment receipts and ledger statements. 27,43,288 in dues after seeking restoration of services The Commission held that when the builder fails to deliver possession within the stipulated period, the same shall be considered deficiency in service, which has been decided by the case Aashish Oberai vs. Emaar MGF Land Limited.

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History of this topic

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable
2 months, 2 weeks ago

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held Raheja Developers liable for deficiency in service and ruled that buyers are not bound to accept the possession after unreasonable delay by the builder. Not getting an appropriate response, the complainant also filed a case before the State Commission of Delhi. Observations by the State Commission …

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
3 months, 2 weeks ago

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held TDI Infrastructure liable for deficiency in service due to non fulfillment of contractual obligations and delay in handing over the possession. Frustrated by the builder's failure to deliver possession within the promised timeframe, the complainant filed a complaint before the State Commission, alleging deficiency. According to …

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service
3 months, 2 weeks ago

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service. Observations by the State Commission The State Commission observed that the complainant qualifies as a consumer under the Consumer Protection Act, as …

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 months, 2 weeks ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time
8 months ago

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal held 'Ansal Housing Ltd.' liable for deficiency in service for failure to deliver a flat within the stipulated contractual period. Since the possession of the unit with the agreed facilities was not delivered, nor was the amount refunded, the State Commission observed that …

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony
8 months ago

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony

Live Law  

Punjab Real Estate Regulatory Authority bench, consisting of Balbir Singh, has directed M/s Sushma Buildtech Limited, the builder, to compensate the homebuyers for the mental agony and harassment endured due to a four-year delay in offering possession. Background Facts The homebuyers jointly booked a flat in the builder's project Sushma Chandigarh Grande for a total sale consideration of Rs. Observation …

Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For Deficiency
8 months, 2 weeks ago

Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For Deficiency

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and J.P. Agrawal, held Asootech Moonshine Developers liable for deficiency in service due to delay in handing over possession citing force Majure clause. Furthermore, it was held that the developer needs to provide substantiating evidence to show that Force Majeure conditions caused the delay. Additionally, it was highlighted that the …

Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service
8 months, 2 weeks ago

Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra and Ms. Pinki, held Omaxe Ltd. liable for deficiency in service due to a delay in delivering possession of the flat to the buyer. Ltd., the commission underscored that mere ownership of multiple properties doesn't necessarily imply commercial intent. Despite an arbitration clause in the agreement, the commission maintained jurisdiction, as …

Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service
8 months, 2 weeks ago

Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Ms. Pinki and Ms. Bimla Kumari, held M2K Infrastructure liable for deficiency in service due to delay in handing over the possession of the flat to the buyer. Alleging poor construction quality and misrepresentation by the builder, the complainants filed a complaint before the State Commission. The builder denied any service deficiencies or unfair …

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable
9 months ago

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable

Live Law  

The District Consumer Disputes Redressal Commission-VI, New Delhi bench Ms Poonam Chaudhry and Shri Shekhar Chandra held Ansal Landmark Townships liable for negligence and deficiency in service for failure to deliver possession of the booked unit within the designated time. An agreement was executed between the Complainant and M/S Ansal Landmark Townships Private Limited on 23rd August 2009. Feeling aggrieved, …

Real Estate Weekly Round Up: 30th December 2024- 5th January 2025
10 months, 2 weeks ago

Real Estate Weekly Round Up: 30th December 2024- 5th January 2025

Live Law  

Maharashtra Real Estate Appellate Tribunal MahaREAT Imposes Penalty Of Rs. Haryana Real Estate Regulatory Authority Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay Case – Sanjeev Ganguly & Anr Versus M/s Ansal Townships Infrastructure Private Limited Citation – Complaint No: 7354 of 2022 Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed …

Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years
10 months, 2 weeks ago

Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years

Live Law  

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that if possession is not delivered within 42 months or beyond 48 months, it constitutes a deficiency in service on the part of the builder Brief Facts of the Case The complainant booked a flat in the “TDI CITY” project developed by TDI …

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