Team  SoOLEGAL

DELHI HC TO DECIDE: DOES RERA EXCLUDE THE JURISDICTION OF CONSUMER PROTECTION ACT FOR HOMEBUYERS?

Team SoOLEGAL 10 Jul 2019 4:00pm

DELHI HC TO DECIDE: DOES RERA EXCLUDE THE JURISDICTION OF CONSUMER PROTECTION ACT FOR HOMEBUYERS?

The Delhi High Court today issued notice in a plea seeking a declaration that the jurisdiction of the consumer forum under the Consumer Protection Act, 1986 to adjudicate objections relating to undaunted property would cease to exist after the sanctioning of Real Estate (Regulation and Development) Act, 2016 (RERA).

Notice was issued to the Central Government by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition by Confederation of Real Estate Developers' Association of India.

KanikaAgnihotri and VaibhavAgnihotri have filed the petition and attested that the rule which by and by directions the fields of 'immovable property' in India is the Real Estate (Regulation and Development) Act, 2016.

It is expressed that the activity of purview by the Consumer fora deters the authoritative aim of Section 71 of RERA.

RERA being 'lexspecialis' must outcome in the Consumer Protection Act, 1986 yielding its locale to the extraordinary rule, the applicant fights.

..the exercise of jurisdiction by the Ld. Consumer Commissions/Forums, upon immovable property is in the teeth of the settled principle ‘generaliaspecialibus non derogant’., it is argued.

It is additionally included that there is no dispute, etymologically, as to the absence of jurisdiction of the customer fora to manage matters relating to immovable property.

Any uncertainty, if at all there was one, was with respect to the choice of a purchaser to approach the buyer fora for mediation of the contest. That has been rendered perfunctory with the coming into power of the RERA on May 1, 2017, it is explained.

The petitioners also states that the National Consumer Disputes Redressal Commission has passed a request proclaiming that the machinery under the Consumer Protection Act, 1986 isn't removed from the task of the RERA. Notwithstanding, the said request has been remained by a Single Judge Bench of the Delhi High Court, it is included.

The petition has sought an order to restrain the Consumer For a from entertaining complaints by consumer related to immovable property after May 1,2017.

The issue would be heard next on October 9.

Tagged: RERA   consumeract   delhihighcourt   Chief JusticeDNPatel   JusticeCHariShankar  
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