RERA Act does not bar remedies under Consumer protection act : Supreme Court
3 nov 2020
The Supreme Court has held that a complaint before Consumer Fora by allotted against builders is not barred by the real estate act, 2016. It does not preclude the national consumer disputes redressal commission (NCDRC) or the consumer forum from entertaining any complaint under consumer protection act.
A two-judge bench of the court consisting of justices UU LALIT and VINEET SARAN held that real estate allottees can approach NCDRC apart from authorities under the RERA and there is no provision under RERA which Barbara initiation of a consumer complaint under CP act.
The judgment was rendered hm an appeal arising out of the September 2018 decision of the NCDRC which had directed the developer.
The bench, took notice of the provisions to section 71(1) of the RERA Act which entitles a complainant who had initiated proceedings under the CP Act.