Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For
The Delhi State Commission ruled in Assotech Moonshine that a developer's claim of force majeure for project delays must be substantiated with evidence. The commission emphasized that force majeure clauses cannot be invoked arbitrarily without proving their applicability. It held that a mere declaration of force majeure due to economic conditions or administrative delays does not absolve the developer from liability for deficiency in services. The commission also noted that consumers have the right to demand compensation for delayed possession under the Consumer Protection Act. This decision underscores the importance of clear evidence and justification when invoking force majeure clauses in real estate disputes.