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Supreme Court of India 2022-01-11 allowed

Samruddhi Co-operative Housing Society Ltd vs Mumbai Mahalaxmi Construction Pvt. Ltd

Bench: 2 — Dhananjaya Y Chandrachud, AS Bopanna

In Brief

A housing society sought compensation for excess taxes and water charges paid due to a builder's failure to obtain an occupancy certificate for apartment blocks in Mumbai. The NCDRC rejected the claim as time-barred and not maintainable under consumer protection law. The Supreme Court allowed the appeal, holding that the builder's ongoing failure to secure the occupancy certificate—a statutory obligation—constitutes a continuing wrong that resets the limitation period repeatedly. The society members qualify as consumers entitled to compensation for this service deficiency. The case was remitted to the NCDRC for decision on merits.

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Consumer Protection Limitation Real Estate and Housing Continuing Wrong Service Deficiency Statutory Obligation Housing Society

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