Failure To Hand Over Commercial Space To Purchasers Is 'Deficiency In Service': Delhi State Commission
3 months, 1 week ago

Failure To Hand Over Commercial Space To Purchasers Is 'Deficiency In Service': Delhi State Commission

Live Law  

The Delhi State Commission has held that default in delivering the commercial space by Parsvnath developers booked by the complainants is 'deficiency in service'. Brief background: Complainants applied for allotment of an office space in the construction project- Parsvnath City Center Bhiwadi of the developer company in Rajasthan. Observations: Issue 1: Whether purchase of commercial space, would make the complainant a 'consumer' under the Consumer Protection Act? It was further observed that the complainants cannot be made to wait for an indefinite period of time and hence, the developer company is liable for providing deficient services.

Commercial Space Developer Complainants  space  commission  failure  service  purchasers  project  consumer  state  developer  observed  delhi  complaint  rs  complainants  parsvnath  deficiency  hand  possession  commercial

History of this topic

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable
3 months 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, 3 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, 3 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 …

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission
3 months, 4 weeks ago

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission has held Cosmos Infra Engineering ltd. liable for providing deficient services with respect to construction and possession of an apartment under a housing project. Brief background of the case: An apartment was booked by the Complainant under a project- Cosmos Golden heights of the developer company situated in Ghaziabad, Uttar Pradesh. Thus, the …

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time
8 months, 1 week 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 …

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

Negligent AC Servicing By Deputed Engineer, Chandigarh District Commission Directs Holds Urban Clap Liable For Deficiency In Service
1 year, 3 months ago

Negligent AC Servicing By Deputed Engineer, Chandigarh District Commission Directs Holds Urban Clap Liable For Deficiency In Service

Live Law  

The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising of Pawanjit Singh and Surjeet Kaur held Urban Clap Technologies India Pvt. Observations by the Commission: Referring to the argument of the Company that it is merely a facilitator and intermediary, the District Commission noted that the service engineer in question was indeed deputed by the Company, and the Company directly …

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