The Hon'ble Supreme Court, in Samriddhi Cooperative vs. Mumbai Mahalaxmi Construction, CA No. 4000/ 2019, has held that failure on part of the builder to obtain an Occupation certificate is very much a "deficiency" within the the Consumer protection laws.
As per the recent notification issued by the Government of India, w.e.f. 30th December, 2021, the pecuniary jurisdiction of the Consumer Fora shall be as under:
i. District Fora: Upto INR 50,00,000/-;
ii. State Commission: Above INR 50,00,000/- upto INR 2,00,00,000/-;
iii. National Commission: Above INR 2,00,00,000/-
The proceedings instituted before the commencement of the Act of 2019 would continue before the Fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the Fora established under the Act of 2019. [Neena Aneja and Ors. vs. Jai Prakash Associates Ltd. (16.03.2021 - SC) : MANU/SC/0190/2021]
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