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.