Laws laid down by supreme court
Builder to pay additional taxes to Corporation on behalf of Home buyers
Builder to pay additional taxes to Corporation on
behalf of Home buyers
(Occupancy
certificate not obtained)
“The failure to
obtain the occupancy certificate has resulted in the levy of higher taxes on
the members of the appellant society repeatedly by the municipal authorities.
Despite the order of 20 August 2014, the respondent has failed to obtain the
occupancy certificate. This has resulted in a situation where the appellant,
despite having followed the correct course of litigation in demanding the furnishing
of an occupancy certificate, will continue to suffer the injury inflicted by
the respondent merely due to the delay in the execution of the order against
the respondent. Rejecting the complaint as being barred by limitation, when the
demand for higher taxes is made repeatedly due to the lack of an occupancy
certificate, is a narrow view which is not consonance with the welfare
objective of the Consumer Protection Act 1986.”
Further
on the point of Definition of Consumer :
“The NCDRC has held
that the appellant is not a ‘consumer’ under the provisions of the Consumer
Protection Act as they have claimed the recovery of higher charges paid to the
municipal authorities from the respondent. Extending this further, the NCDRC
has observed that the respondent is not the service provider for water or
electricity and thus, the complaint is not maintainable. Section 2(1)(d) of the Consumer Protection Act
defines a ‘consumer’ as a person that avails of any service for a
consideration. A ‘deficiency’ is defined under Section 2(1)(g) as the
shortcoming or inadequacy in the quality of service that is required
to be maintained by law. In its decisions in Wing Commander Arifur Rahman Khan
& Others v. DLF Southern Homes Private Limited & Others9 and Pioneer Urban Land Infrastructure Limited v. Govindan
Raghavan1 this Court has held that the failure to obtain an occupancy
certificate or abide by contractual obligations amounts to a deficiency in
service.”
Reference Samruddhi Co-operative Housing Society Ltd V/S Mumbai Mahalaxmi Construction Pvt. Ltd: SC Civil Appeal No
4000 of 2019
.
Bench ;Dr Dhananjaya Y Chandrachud ,AS Bopanna]
January 11, 2022
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