Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service
5 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 practices, accused the complainants of concealing facts and spreading falsehoods, and argued the dispute should be handled through arbitration as per the Apartment Buyer Agreement, beyond the Consumer Commission's jurisdiction. The commission highlighted that despite the builder offering possession in 2016, the complainants refused due to the flat's poor condition.

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History of this topic

Failure To Hand Over Commercial Space To Purchasers Is 'Deficiency In Service': Delhi State Commission
2 days, 12 hours 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 …

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8
2 weeks ago

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Delhi State Commission Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Case Title: Mr. Raman Singla Vs. TDI Infrastructure Ltd Case Number: C.C. 875/2018 The …

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

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service
2 weeks, 4 days 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 …

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service
2 weeks, 5 days 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 …

Delay In Possession A Continuous Cause of Action: Delhi State Commission Holds Raheja Developers Liable For Deficiency In Service
2 weeks, 5 days 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 …

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission
2 weeks, 6 days 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 …

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 weeks, 4 days 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 …

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service
3 weeks, 4 days ago

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to fulfill contractual obligations and delay in handing over possession amounts as deficiency in service. The builder further claimed that the State Commission acted without proper evidence and that the complainants intentionally hid facts, including an injunction order from the Bombay High …

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC
4 months, 2 weeks ago

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and AVM J. Rajendra, held Big Banyan Roots liable for deficiency in service and held that a buyer has rights to a refund in cases of delay or cancellation of allotment. The State Commission partly allowed the complaint and directed the builder to refund the sum of Rs.75,58,000 to the …

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time
5 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 …

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time
5 months ago

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal held 'Emaar MGF Land Ltd.' liable for deficiency in service for failure to deliver possession of a flat within the stipulated time. Brief Facts: The Complainants booked a flat in the project 'Gurgaon Green/Group Housing Colony' to be manufactured by Emaar MGF Land …

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
5 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 …

Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service
5 months, 3 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 …

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable
6 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, …

Consumer Cases Weekly Round-Up: 6th to 12th May 2024
7 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
7 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 …

Kerala State Commission Holds Kerala Chamber Of Commerce and Industry Liable For Unilateral Cancellation Of Home Buyer Agreement
8 months, 3 weeks ago

Kerala State Commission Holds Kerala Chamber Of Commerce and Industry Liable For Unilateral Cancellation Of Home Buyer Agreement

Live Law  

The State Consumer Disputes Redressal Commission, Thiruvananthapuram, Kerala bench comprising Mr Ajith Kumar and Sri Radhakrishnan K.R. held the Kerala Chamber of Commerce and Industry liable for deficiency in service for unilaterally cancelling the buyer agreement of the Complainant and for ignoring his legitimate requests. Feeling aggrieved, the Complainant filed a consumer complaint in the State Consumer Disputes Redressal Commission, …

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court
10 months ago

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal, Ms Pinki and Mr J.P. Agrawal dismissed a complaint against M/s Angel Broking Limited and gave the option to the Complainant to approach the appreciate civil court. The State Commission observed that the complaint involved complex questions of law and fact, which are better suited for resolution …

North-East Delhi District Commission Holds OYO Rooms And Goibibo Liable For Deficiency In Service, Orders To Pay Rs. 1 Lakh Each Compensation
1 year ago

North-East Delhi District Commission Holds OYO Rooms And Goibibo Liable For Deficiency In Service, Orders To Pay Rs. 1 Lakh Each Compensation

Live Law  

The District Consumer Disputes Redressal Commission, North-East Delhi bench comprising Surinder Kumar Sharma, Anil Kumar Bamba and Adarsh Nain held OYO Rooms Ltd. and Goibibo Web Pvt Ltd. liable for deficiency in service for failure to ensure allocation of rooms to the Complainant and her family upon reaching the selected hotel, despite confirmation and payment. Brief Facts: Mrs Anupama Kasana, …

Central Delhi District Commission Holds Regalo Kitchens Pvt. Ltd. Liable For Failure To Install Modular Kitchen Timely
1 year, 2 months ago

Central Delhi District Commission Holds Regalo Kitchens Pvt. Ltd. Liable For Failure To Install Modular Kitchen Timely

Live Law  

The Central Delhi District Consumer Dispute Redressal Commission bench comprising of Inder Jeet Singh, Shahina and Vyas Muni Rai held Regalo Kitchens Pvt. Ltd. liable of unfair trade practices for not installing the Modular Kitchen at the complainant’s property as promised and the delay in providing electrical and plumbing drawings and repeatedly changing the delivery date without consultation with the …

Delhi-based builder to refund ₹2.7-crore security to Zirakpur society residents
3 years, 5 months ago

Delhi-based builder to refund ₹2.7-crore security to Zirakpur society residents

Hindustan Times  

The Punjab consumer disputes redressal commission has directed a Delhi-based builder to refund ₹2.7 crore in interest-free maintenance security to Zirakpur-based Jaipuria Sunrise Greens Apartments Owners Welfare Association, besides ₹20 lakh in dues and ₹2 lakh in litigation cost. The commission has also directed the builder to pay up ₹ 20 lakh in dues and ₹ 2 lakh in litigation …

Builder ordered to pay Rs 1 lakh for delaying flat possession
4 years, 1 month ago

Builder ordered to pay Rs 1 lakh for delaying flat possession

India TV News  

The Consumer Commission has ordered a builder in Maharashtra's Thane district to pay Rs 1 lakh to a home buyer for delaying the possession of a flat. As per the complaint, the builder from Ghatkopar had floated a project called Vinayak Krupra at Titwala, in which the complainants had booked a flat for Rs 13 lakh and other miscellaneous charges …

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