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Failure to get occupation certificate is builder's deficiency in service: SC

Business Standard  

The Supreme Court has said the failure of a builder to obtain occupation certificate is a deficiency in service under the Consumer Protection Act, 1986. The apex court was hearing an appeal against an order of the National Consumer Disputes Redressal Commission which dismissed a complaint by a cooperative housing society seeking refund of the excess taxes and charges paid to the municipal authorities due to alleged deficiency of the builder. The NCDRC had dismissed the complaint on the ground that it was barred by limitation and that it was not maintainable since it was in the nature of a recovery proceeding and not a consumer dispute.