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RERA Vs Consumer Court
The Homebuyers can approach consumer court as well as RERA if real estate projects delayed, rules SC. In one of the cases, Supreme Court ruled that homebuyers can approach consumer forum as well as RERA if a builder fails to deliver a real estate project on time.

After the enactment of RERA, real estate firms have been taking stands that the consumer forum has no right to deal with the complaints of home buyers against them. Often a question is raised before the Courts as to whether the complainant can claim the benefits under the Consumer Protection Act if there is an alternative remedy available. The issue was not clear as far as home buyers are concerned, as it was argued that since RERA is special legislation to govern the real estate matters, the remedy can be sought only as per the provisions of the Act.

But the Hon'ble Supreme Court while deciding an appeal in Imperial Structures Limited v. Surinder Anil Patni and Another adjudicated that the Homebuyers are ‘Consumers’ as per the Consumer Protection Act, 2019, there is no bar for the home buyers for initiating a complaint under CPA, 2019 before the Consumer forum instead of approaching RERA.

#RERA #Consumercourt

RERA,2016 vs Consumer Protection Act,2019 : RERA does not bar remedies under CPA, 2019: Supreme Court
Case Study : M/S Imperial Structures Ltd vs Anil Patni and another
The Hon'ble Supreme Court in a Land mark judgement ruled that Real Estate (Regulation andDevelopment) Act, 2016 does not bar the National Consumer Disputes Redressal Commission (NCDRC) or the Consumer Forum from entertaining or admitting any complaint of Home buyers under Consumer Protection Act, 2019.
As per Section 79 of the RERA Act : Bar of Jurisdiction is applicable to Civil Courts and NCDRC and Consumer Forum being a Quasi Judicial Institutions are not Bared from entertaining any complaint.

Hence, The Real Estate allottees can approach NCDRC apart from authorities under the RERA and there is no provision under RERA which bars initiation of a Consumer Complaint under CP Act,2019.
This Latest judgment dated 02, November, 2020 passed by the Hon’ble Supreme Court is a milestone and big relief for homebuyers/allottees.

Key Words :
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Landmark Judgement by consumer court against property builder