In Brief
A housing society sought compensation from a builder for excess property taxes and water charges caused by the builder's failure to obtain an occupancy certificate. The National Consumer Disputes Redressal Commission dismissed the complaint as barred by limitation and not maintainable. The Supreme Court held the complaint was maintainable. The failure to provide an occupancy certificate, despite being a continuing obligation under law and contract, constitutes a continuing wrong that gives rise to fresh causes of action over time. Members of the society qualify as consumers under the Consumer Protection Act, and the builder's non-performance is a deficiency in service warranting compensation for consequential losses. The case was remitted for merit determination within three months.
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