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    <title>2022 (1) TMI 1404 - Supreme Court</title>
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    <description>A promoter&#039;s continuing failure to obtain an occupancy certificate and to bear the outgoings under MOFA was treated as a continuing wrong, so the complaint for compensation arising from repeated higher municipal and water charges was not barred by limitation. The Court also held that the flat purchasers and society were consumers because the obligation to obtain the certificate formed part of the service owed under the agreement and statutory duties, and the breach amounted to deficiency in service. The consumer complaint was therefore maintainable, and the matter was remitted for an expeditious decision on the merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=310856</link>
      <description>A promoter&#039;s continuing failure to obtain an occupancy certificate and to bear the outgoings under MOFA was treated as a continuing wrong, so the complaint for compensation arising from repeated higher municipal and water charges was not barred by limitation. The Court also held that the flat purchasers and society were consumers because the obligation to obtain the certificate formed part of the service owed under the agreement and statutory duties, and the breach amounted to deficiency in service. The consumer complaint was therefore maintainable, and the matter was remitted for an expeditious decision on the merits.</description>
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