#Commercial Property

The West Bengal State Consumer Commission ruled that buying a commercial shop to sustain a livelihood falls under 'service' under the Consumer Protection Act, 1986. When sellers fail to deliver possession or execute conveyance, buyers are entitled to mandatory relief including physical handover, title transfer, and compensation for mental agony and financial loss - setting a critical precedent for small traders and entrepreneurs.

The Calcutta High Court has ruled that claims for unpaid rent and damages arising from a tenant’s continued possession of commercial property after lease expiry constitute commercial disputes under the Commercial Courts Act, 2015. This clarifies that such monetary claims, even if rooted in property possession, fall squarely within the Act’s ambit - mandating exclusive filing in Commercial Courts and streamlining resolution for landlords and commercial lessees alike.

The Bombay High Court has ruled that adjacent landowners retain the right to claim compensation for easementary rights even after transferring ownership, if their remaining land suffers demonstrable adverse impact from highway acquisition. This clarifies that compensation is tied to functional impairment of retained property, not mere ownership status, significantly expanding protections for commercial landowners in infrastructure projects.

Bombay High Court grants interim relief to plaintiffs in stalled commercial project after fire, emphasizing that delay does not bar equitable remedies where statutory violations persist.