Supreme Court of India
Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd.
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What the Court ordered
For the above reasons, we allow the appeal against the order of the NCDRC dated 3 December 2018 and hold that the complaint is maintainable.
Judgment, page 18
From the headnote
Consumer Protection Act, 1986 – ss.2(1)(d), 2(1)(g) and 24 – Maharashtra Ownership Flats (Regulation of the Pr omotion of Construction, Sale, Management and Transfer) Act, 1963 – ss. 3,6 – Respondent made constructions and entered into agr eements to sell flats with individual purchasers – Appellant i s a co-operative housing society – Members of the appellant booked t he flats in 1993 and were granted possession in 1997 – Respondent fa iled to take steps to obtain occupation certificate from municipal aut horities – In absence of occupation certificate, individual fl at owners were not
Authorities it was built on
- 2018 M. Siddiq (d) Thr. Lrs. v. Mahant Suresh Das and Others Etc.
- 2019 Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
- 1959 Balkrishna Savalram Pujari and Others v. Shree Dnyaneshwar Maharaj Sansthan & Others
- 2020 Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. Dlf Southern Homes Pvt Ltd. (now Known as Begur Omr Homes Pvt. Ltd.) and Ors.
- 1981 Commissioner of Wealth Tax, Amritsar v. Suresh Seth
- 2019 G H M/s Treaty Construction & Anr. v. M/s Ruby Tower Co-op. Hsg. Society Ltd.
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