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

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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.

Case Flat Commission Complainant Ors Builder Possession Deficiency Months Edc Tdi Infrastructure 48 Months  possession  service  handing  commission  case  ors  rs  infrastructure  builder  liable  state  deficiency  complainant  tdi  flat  delhi  delay  holds  months

History of this topic

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

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

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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, 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

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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 …

Failing To Deliver Possession Within Stipulated Period: NCDRC Holds TDI Infrastructure Liable For Deficiency In Service
3 months ago

Failing To Deliver Possession Within Stipulated Period: NCDRC Holds TDI Infrastructure Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held TDI Infrastructure liable for deficiency in service over delay in handing over possession of the property as per the builder-buyer agreement. They cited the Rohit Chaudhary vs. M/s Vipul Ltd. case, where the court held that a commercial shop must be purchased for self-sustenance …

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 …

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

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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
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

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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 …

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission
3 months, 3 weeks 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 months, 3 weeks ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

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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 months, 3 weeks 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 …

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 …

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time
8 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
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

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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 …

Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For Deficiency
8 months, 3 weeks ago

Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For Deficiency

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and J.P. Agrawal, held Asootech Moonshine Developers liable for deficiency in service due to delay in handing over possession citing force Majure clause. Furthermore, it was held that the developer needs to provide substantiating evidence to show that Force Majeure conditions caused the delay. Additionally, it was highlighted that the …

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 …

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 …

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, …

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 …

Consumer Complaints Alleging Deficiency In Service Related To Transfer Of Title Of Immovable Property Not Maintainable: Supreme Court
3 years, 6 months ago

Consumer Complaints Alleging Deficiency In Service Related To Transfer Of Title Of Immovable Property Not Maintainable: Supreme Court

Live Law  

The Supreme Court observed that consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property is not maintainable.The expression 'service' includes housing construction and not allotment of a site or a plot, the bench of Justices Hemant Gupta and A.S.Bopanna observed.In this case, the complainant before District Consumer Forum sought. The Supreme …

Builder ordered to pay Rs 1 lakh for delaying flat possession
4 years, 4 months 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 …

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 …

DDA to pay Rs 5L for delay in delivery of possession of flat
12 years, 5 months ago

DDA to pay Rs 5L for delay in delivery of possession of flat

India TV News  

New Delhi, Oct 10: The Delhi Development Authority has been directed by the state consumer commission to pay Rs five lakh as compensation to an allottee for delay in handing over possession of a flat to him. The Delhi State Consumer Commission also directed the DDA to hand over possession of the flat to the allottee within one month as …

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