Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service
8 months, 4 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 the complainants opted for consumer protection remedies, aligning with Emaar MGF Land Limited vs. Aftab Singh CPJ 5. The commission noted the builder's failure to deliver possession within the agreed period, identifying a deficiency of service, as per Arifur Rahman Khan vs. DLF Southern Homes Pvt.

Consumer State Commission Builder Possession Multiple Properties  consumer  jurisdiction  vs  possession  complainants  liable  mere  multiple  ownership  rs  properties  state  omaxe  intent  service  imply  flat  builder  commission

History of this topic

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC
2 months, 1 week ago

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC

Live Law  

The District Consumer Disputes Redressal Commission-II held M/s Adinath Properties Pvt. Ltd. liable for unfair trade practices and deficiency in service for making an offer of possession without providing the Occupancy Certificate and Completion Certificate to the Complainants. Vs. Govindan Raghavan CA 12238/2018, the Complainants claimed that on 05.08.2020, the Opposite Party sent a reminder for possession of residential unit …

False Assurances For Completing Construction Of Flats : Delhi State Commission Holds VSR Infrastructure Liable
2 months, 3 weeks ago

False Assurances For Completing Construction Of Flats : Delhi State Commission Holds VSR Infrastructure Liable

Live Law  

The Delhi State Consumer Disputes Redressal Commission has held VSR Infrastructure Pvt. The bench presided by Justice Sangita Dhingra Sehgal and Judicial Member Pinki observed that failure to hand over possession even after 11 years from date of agreement amounts to 'deficiency in service' and held the developer liable for keeping the hard-earned money of the complaint for such a …

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable
2 months, 4 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, 4 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 …

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 …

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 …

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing
3 months, 3 weeks ago

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions. Brief Facts of the Case The complainant is a member of a housing society managed by Philips Cooperative Group Housing/developer, which launched a project called Philips …

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 …

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

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 …

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time
8 months, 1 week 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
8 months, 4 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
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 …

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable
9 months, 1 week 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, …

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, 4 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 …

DDA to pay Rs 3L for allotting defective flat
11 years, 11 months ago

DDA to pay Rs 3L for allotting defective flat

India TV News  

New Delhi, Mar 29: The Delhi Development Authority has been directed by the state consumer commission here to pay Rs three lakh as compensation to an allottee for not rectifying the defects in a flat allotted to him in 1996. The Delhi State Consumer Disputes Redressal Commission also pulled up the DDA for the “callous and inapt attitude” of its …

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