20/01/2026
SC: Appellants held entitled to damages and their complaint held not barred by limitation - Consumer Protection Act (1986), Ss.21, 24A - Limitation Act (1963), S.22 - Maharashtra ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (1963), Ss.6, 12
_Consumer complaint - Limitation - Continuing cause of action - Appellant, Society of Flat owners - Members of appellant booked flats in 1993 and granted possession in 1997 - Respondent, promoter failed to obtain occupation certificate from municipal authorities, due to which society members had to pay higher taxes and higher water charges - Complaint before State Commission (SCDRC) filed in 1998 - SCDRC directed respondent to obtain occupancy certificate in three months - In 2014, National Commission also directed respondent to obtain certificate within four months - Respondent however failed to prove the same - Such continuous failure is breach of obligations imposed on respondent under agreement and amounts to continuing wrong - Hence, appellants held entitled to damages and their complaint held not barred by limitation._
_Case:_
Samruddhi Co-operative Housing Society Ltd. Vs. Mumbai Mahalaxmi Construction Pvt. Ltd.
_Citation:_
2022(2) ALL MR 1 (S.C.)