MAINTAINABILITY OF COMPLAINT BEFORE RERA AND CONSUMER FORUM SIMULTANEOUSLY

News is being publish in news papers that Homebuyers can pursue remedies under RERA & consumer protection Act simultaneously in various news paper. Now the Homebuyers are

under impression that they can pursue their grievance before RERA as well as before the

Consumer Forum under Consumer Protection Act simultaneously.

To understand the correct position, one need to understand certain legal provisions provided

under statute.

Section 11 Civil Procedure Code, 1908 “Res judicata” :

No Court shall try any suit or issue in which the matter directly and substantially in issue has

been directly and substantially in issue in a former suit between the same parties, or between

parties under whom they or any of them claim, litigating under the same title, in a Court

competent to try such subsequent suit or the suit in which such issue has been subsequently

raised, and has been heard and finally decided by such Court.

Section 71 of RERA :

Section 71 "Power to adjudicate" - The Real Estate (Regulation and Development Act, 2016)

(1) For the purpose of adjudging compensation under sections 12, 14, 18 and section 19, the

Authority shall appoint in consultation with the appropriate Government one or more judicial

officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer

for holding an inquiry in the prescribed manner, after giving any person concerned a

reasonable opportunity of being heard:

Provided that any person whose complaint in respect of matters covered under sections 12,

14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the

Consumer Disputes Redressal Commission or the National Consumer Redressal

Commission, established under section 9 of the Consumer Protection Act, 1986, on or before

the commencement of this Act, he may, with the permission of such Forum or Commission,

as the case may be, withdraw the complaint pending before it and file an application before

the adjudicating officer under this Act.

Judgment passed by the Hon’ble Supreme Court in Civil Appeal No.3581-3590/2020

titled M/s Imperia Structures Ltd Vs. Anil Patni & Anr. :

“Again, insofar as cases where such proceedings under the CP Act are initiated after the

provisions of the RERA Act came into force, there is nothing in the RERA Act which bars

such initiation. The absence of bar under Section 79 to the initiation of proceedings before a

fora which cannot be called a Civil Court and express saving under Section 88 of the RERA

Act, make the position quite clear. Further, Section 18 itself specifies that the remedy under

said Section is “without prejudice to any other remedy available”. Thus, the parliamentary

intent is clear that a choice or discretion is given to the allottee whether he wishes to initiate

appropriate proceedings under the CP Act or file an application under the RERA Act.”

From aforementioned legal position, In my opinion, it is clear that choice is given to the

homebuyers to choose the forum to institute his/her grievance it may be RERA or Consumer

Forum. The Homebuyers are not given liberty to choose both forums simultaneously for

redressal of their grievances.