Can a buyer approach multiple authorities simultaneously?

Can a buyer approach multiple authorities simultaneously?
  • General
  • Friday 27th September 2019
  • Author: Shreya Uppal

Highlights

  • Many cases have been observed where the buyer is actually confused about where to go? How and when can he go? These questions put everybody in a dilemma.

  • Although from the case studies which will be explained below, the decision of the Supreme Court shall prevail due to ambiguity in this matter.

  • High Court has clarified that the above conclusion explained in its order does not deal with the aspect of the jurisdiction of civil courts which is barred under Section 79 of the RERA Act.

Many cases have been observed where the buyer is actually confused about where to go? How and when can he go? These questions put everybody in a dilemma. Although from the case studies which will be explained below, the decision of the Supreme Court shall prevail due to ambiguity in this matter.

The crux of the Case Studies:
1. A recent judgment dated 4th September, 2019, came by the division bench of the High Court of Delhi in Messrs India Pvt. Ltd. & Anr v. Dr. Dinesh Sharma & Anr (CM (M) 1244 of 2019 & CM APPL 38052-38053 of 2019 where it was held that the homebuyers have to choose between the authorities like CPA (Consumer Protection Act, 1986) and the RERA Act, 2016 to seek remedy against the developers.
2. Some 62 petitions were filed by the developers challenging the order passed by the National Consumer Redressal Commissioner, where it held that the remedies provided under the CPA and RERA are concurrent and the jurisdiction of the forums/commissions constituted under CPA is not expelled by the existence of the RERA Authority.
3. Meanwhile,
the similar case study of Pioneer Urban Land delivered the decision of the Supreme Court clarifying that the remedies given to allottees of flats are concurrent are the buyers have the position to avail remedies under the CPA, RERA as well as the Insolvency and Bankruptcy Code, 2016.
4. Also, the High Court has specifically clarified that the above conclusion explained in its order does not deal with the aspect of the jurisdiction of civil courts which is barred under Section 79 of the RERA Act, 2016.
5. It has been certainly clear from the decision of Supreme Court in certain cases that the jurisdiction of a consumer forum has to be taken in a wider manner so as to bring as many cases under it for the Speedy dispute redressal.


Conclusion:
1. From the above crux, it can be concluded that the aggrieved homebuyer has been provided with the multiple authorities provision to fight against the malpractices of the developer.

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Tags: 
developerRERA , orderhomebuyers

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