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january 2022

Supreme Court of India · 2022-01-11

SAMRUDDHI CO OPERATIVE HOUSING SOCIETY LTD. vs MUMBAI MAHALAXMI CONSTRUCTION PVT. LTD.

Citation / case number
SC 2019/11334
Court
Supreme Court of India
Petitioner
SAMRUDDHI CO OPERATIVE HOUSING SOCIETY LTD.
Respondent
MUMBAI MAHALAXMI CONSTRUCTION PVT. LTD.
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE SURYA KANT HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court examined the appeal from the National Consumer Disputes Redressal Commission regarding a complaint for refund of excess taxes paid by a co-operative housing society due to alleged deficiency of service by a construction company. The NCDRC had dismissed the complaint as barred by limitation and not maintainable. The Supreme Court held that the nature of the dispute was indeed a consumer dispute and not merely a recovery proceeding, thereby allowing the appeal and setting aside the NCDRC's order.

SAMRUDDHI CO OPERATIVE HOUSING SOCIETY LTD. vs MUMBAI MAHALAXMI CONSTRUCTION PVT. LTD. · Niyam