Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing
3 months, 2 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 Towers. Observations by the State Commission The State Commission observed that the primary issue was whether Consumer Commissions have the jurisdiction to resolve disputes between cooperative housing societies and their members. Referring to Hanuman Sahakari Pani Pruvatha Sanstha v. Ramchandra Bapuso, the National Commission held that disputes between members and societies touching the society's business must be resolved under cooperative laws, not by Consumer Commissions.

Delhi Housing Order Parking Cooperative State Commission Developer Additional Consumer Commissions Same Issue Parallel Proceedings Different Forums Philips Cooperative Group Housing  cooperative  proceedings  additional  issue  rs  v  group  philips  housing  overturns  commission  parking  impermissible  state  developer  order  parallel

History of this topic

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication
3 months, 1 week ago

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held that the District Commission has misapplied the decision of Supreme Court in Pinak Pani Mohanty vs Union of India as Sahara Prime City Ltd. was not party to that case. Contentions of the Appellant : The Appellant argued that the District …

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 …

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

The National Commission Cannot Interfere With The Concurrent Findings Of Lower Forum Unless There's Evidence Of Legal Misconduct: NCDRC
10 months, 3 weeks ago

The National Commission Cannot Interfere With The Concurrent Findings Of Lower Forum Unless There's Evidence Of Legal Misconduct: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the National Commission can only intervene in cases if it finds that the State Commission has acted beyond its jurisdiction and failed to exercise its jurisdiction. Observations by the Commission The Commission observed that according to the Consumer Protection Act, 2019, revision under section 58 confers limited …

Chandigarh District Commission Holds Punjab State Federation Of Corporative Housing Building Society Liable For Unreasonable Delay, Unilateral Change In T&C
1 year, 1 month ago

Chandigarh District Commission Holds Punjab State Federation Of Corporative Housing Building Society Liable For Unreasonable Delay, Unilateral Change In T&C

Live Law  

The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh, Surjeet Singh and Suresh Kumar Sardana held Punjab State Federation of Cooperative House Building Society Ltd. liable for deficiency in services and unfair trade practices for collecting money without the final sanction of the layout by the authorities and arbitrary delay in construction and the unilateral change in terms …

Central Delhi District Commission Holds Regalo Kitchens Pvt. Ltd. Liable For Failure To Install Modular Kitchen Timely
1 year, 5 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 …

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]
8 years, 7 months ago

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]

Live Law  

The Competition Commission of India, in Ministry of Agriculture and Farmers Welfare vs. M/s Mahyco Monsanto Biotech, has held that it is permissible for the Commission to issue directions to the Director General to look into the role of the persons in-charge of and responsible for the conduct of business of the companies, before returning the finding of contravention against …

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]
8 years, 7 months ago

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]

Live Law  

The Competition Commission of India, in Ministry of Agriculture and Farmers Welfare vs. M/s Mahyco Monsanto Biotech, has held that it is permissible for the Commission to issue directions to the Director General to look into the role of the persons in-charge of and responsible for the conduct of business of the companies, before returning the finding of contravention against …

Discover Related