Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years
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 Infrastructure and paid an advance registration fee of Rs. Thus, based on this established legal principle, the commission observed that the failure to deliver possession constitutes a continuous wrong, and the Complainant is allowed to file the present complaint before this commission. However, the commission found no provision specifying the timeframe within which the builder was required to hand over possession of the flat to the Complainant. The commission noted the builder's argument that the Complainant defaulted in making timely payments for Extra Development Charges, giving them the right to forfeit 50% of the deposited amount.
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