Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 – ss.2(1)(d), 2(1)(g) and 24A – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 – ss. 3,6 – Respondent made constructions and entered into agreements to sell flats with individual purchasers – Appellant is a co-operative housing society – Members of the appellant booked the flats in 1993 and were granted possession in 1997 – Respondent failed to take steps to obtain occupation certificate from municipal authorities – In absence of occupation certificate, individual flat owners were not eligible for electricity and water connections – Temporary water and electricity connections were granted by the authorities due to efforts of appellant – Members of appellant society had to pay property tax at a rate 25% higher than the normal rate and water charges 50% higher than the normal charge – Appellant instituted consumer complaint before State Consumer Disputes Redressal Commission (SCDRC) Mumbai seeking direction to respondent to obtain occupation certificate – SCDRC directed respondent to obtain occupancy certificate within four months; and also directed respondent to pay Rs. 1,00,000/- towards reimbursement of extra water charges paid – Appellant sent legal notice to respondent demanding payment of outstanding dues – Respondent failed to comply with the demand – Appellant filed application for execution of the order of SCDRC – Appellant also filed a complaint before the NCDRC – NCDRC dismissed the complaint on the ground that it was barred by limitation and that it was not maintainable under the Consumer Protection Act, 1986 since it was in the nature of a recovery proceeding and not a consumer dispute – Held: Respondent was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of respondent to obtain the occupation certificate is a deficiency in service for which respondent is liable – Continuous failure to obtain an occupancy certificate is a breach of the obligations imposed on the respondent under the Maharashtra Ownership Flats Act (MOFA) and amounts to a continuing wrong – Appellants entitled to damages arising out of this continuing wrong – Members of appellant society are well within their rights as ‘consumers’ to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate – Rejecting the complaint as being barred by limitation, when the demand for higher taxes is made repeatedly due to lack of an occupancy certificate, is a narrow view which is not in consonance with the welfare objective of Consumer Protection Act 1986 – Complaint of appellants not barred by limitation – NCDRC to dispose the complaint within three months – Limitation Act, 1963 – s.22. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 33 |
Petitioner | Samruddhi Co-operative Housing Society Ltd. |
Respondent | Mumbai Mahalaxmi Construction Pvt. Ltd. |
SCR | [2022] 2 S.C.R. 376 |
Judgement Date | 2022-01-11 |
Case Number | 4000 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |