Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service
3 months, 2 weeks ago

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that failing to refund advances as per the terms of the agreement amounts to deficiency in service. Contentions of the Builder The builder argued that the complaint is not maintainable as the complainant is merely a speculative investor and not a “Consumer” as per the Consumer Protection Act. Observations by the State Commission The State Commission observed that the main issues were whether the complaint was within the limitation period, whether the Complainant qualified as a “consumer,” and whether the builder was deficient in services. Since the builder failed to provide evidence that the apartment was purchased for profit-making, the Complainant was deemed a “consumer.” On the issue of service deficiency, the Commission noted that the Complainant paid Rs.

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History of this topic

Delhi consumer commission upholds order directing coaching institute to refund course fee
2 months, 2 weeks ago

Delhi consumer commission upholds order directing coaching institute to refund course fee

Hindustan Times  

New Delhi, The Delhi State Consumer Disputes Redressal Commission has upheld the order of a district forum directing a coaching institute to refund one-year fee of around ₹60,000 to a student who had discontinued the course. Delhi consumer commission upholds order directing coaching institute to refund course fee The commission comprising its president Sangita Dhingra Sehgal and other members was …

Delhi State Commission Holds ICICI Lombard Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim
2 months, 3 weeks ago

Delhi State Commission Holds ICICI Lombard Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held ICICI Lombard General Insurance liable for deficiency in service and held that a claim cannot be rejected merely because of failure to strictly adhere to procedural formalities. The insurer also contested the District Commission's judgment, stating that equating the legal notice with the required accident intimation …

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable
2 months, 3 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 Deliver Documents And Cancellation Of Allotment: Delhi State Commission Holds Essel Housing Liable For Deficiency In Service
2 months, 3 weeks ago

Failure To Deliver Documents And Cancellation Of Allotment: Delhi State Commission Holds Essel Housing Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that builders have a duty to assist buyers and failure to deliver requisite documents amounts to deficiency in service Brief Facts of the Case The complainants booked a flat with Essel Housing Projects/builder and later changed the payment plan to a “Dream Scheme.” Despite making initial …

Delhi District Commission Holds Travel Agency Liable For Withholding Advance Amount Of Customer
3 months, 2 weeks ago

Delhi District Commission Holds Travel Agency Liable For Withholding Advance Amount Of Customer

Live Law  

The Delhi District Commission has held that not refunding the advance trip amount to the complainant even when the complainant did not avail the services of the agency amounts to unfair trade practice. On no adequate response from the travel agency, the complainant filed a consumer complaint praying for grant of the said refund. The Commission observed that neither any …

Delhi State Commission Holds FIITJEE Liable For Deficiency In Service
3 months, 2 weeks ago

Delhi State Commission Holds FIITJEE Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held FIITJEE liable for deficiency in service for collecting the full two-year fee from the complainant without making the required deposit or returning the interest. Dissatisfied with the District Commission's order, FIITJEE filed an appeal before the State Commission of Delhi. In light of these arguments, FIITJEE urged …

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 …

Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim
3 months, 2 weeks ago

Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held IFFCO-Tokio General Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim. Contentions of the Insurer The insurer argued that the complainant is not a “consumer” under the Consumer Protection Act, 1986, as the insurance was bought for commercial purposes. Observations by …

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service
3 months, 3 weeks ago

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an insurer cannot reject a claim solely on the basis of late intimation by the insured as such an act amounts to deficiency in service. Brief Facts of the Case The complainant, a poor villager, purchased a tractor for agricultural work, financed by the State Bank …

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 …

Banks Legally Obligated To Ensure Account Safety: Delhi State Commission Holds SBI Liable For Deficiency In Service
3 months, 3 weeks ago

Banks Legally Obligated To Ensure Account Safety: Delhi State Commission Holds SBI Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki and Mr. J. P. Agrawal held that banks are legally obligated to ensure the safety of the customers' accounts and failing to do so amounts to deficiency in service. Aggrieved by the District Commission's order, the bank appealed before the State Commission of Delhi. Observations by the State …

Delhi District Commission Orders Shree Vardhman Developers To Refund Amount Paid By Homebuyer
4 months, 2 weeks ago

Delhi District Commission Orders Shree Vardhman Developers To Refund Amount Paid By Homebuyer

Live Law  

The District Consumer Disputes Redressal Commission-II bench comprising Monika A Srivastava, Dr. Rajender Dhar and Ritu Garodia directed Shree Vardhman Developers Pvt. ft. in the builder's project named Shree Vardhman Gardenia, located in Sonepat, Haryana by paying an initial amount of Rs. Observation by Commission The Commission noted that even after paying a significant amount of consideration the homebuyer has …

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 …

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
8 months, 3 weeks ago

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: 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 that the ownership of multiple houses does not inherently demonstrate commercial intent. Contentions of the Builder The builder contended in the appeal that the District Commission had failed to consider that the respondents were not consumers under the Consumer Protection Act 2019, as the apartment was …

Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service
8 months, 3 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 …

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable
9 months, 1 week ago

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench comprising Shri D.B. held Myntra liable for deficiency in service for failure to resolve the issue with the Complainant's credit points within the promised deadline. Seeking a refund of the credited amount, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ernakulam, Kerala. Observations of the Commission: The …

Consumer Cases Weekly Round-Up: 6th to 12th May 2024
10 months, 1 week ago

Consumer Cases Weekly Round-Up: 6th to 12th May 2024

Live Law  

Supreme Court Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court Case Title: SHRIRAM CHITS PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS PVT. National Consumer Disputes Redressal Commission Suppression Of Material Facts Makes Policy Voidable At Option Of Insurance Company, NCDRC Dismisses Revision Petition Against Bajaj Allianze …

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, 3 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 …

Failure To Deliver Missing Items Or Provide Refund, North Delhi District Commission Directs Big Bazar Liable For Deficiency In Service
1 year, 1 month ago

Failure To Deliver Missing Items Or Provide Refund, North Delhi District Commission Directs Big Bazar Liable For Deficiency In Service

Live Law  

The District Consumer Disputes Redressal Commission-I, Delhi bench comprising Divya Jyoti Jaipuriar, Ashwini Kumar Mehta and Harpreet Kaur Charya held Big Bazar liable for deficiency in services and unfair trade practices for failure to refund money for the items missing in the order delivered to the Complainant. The Complainant promptly notified Big Bazar through their customer care helpline and lodged …

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