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Supreme Court reiterates Section 79 of the RERA Act does not bar Consumer fora from entertaining complaint by Allottee

Team SoOLEGAL 8 Dec 2020 3:28pm

Supreme Court reiterates Section 79 of the RERA Act does not bar Consumer fora from entertaining complaint by Allottee

On Wednesday, 2nd December, 2020, Supreme Court in a case Today Homes And Infrastructure PVT LTD vs. Ajay Nagpal [Petition(s) for Special Leave to Appeal (C) No(s). 23386/2019], held that Section 79 of Real Estate (Development and Regulation)Act, 2016 does not stop the consumer forum from entertaining a complaint by an allottee. In this particular case the Delhi High Court was dealing with one particular question and that is after the enactment of Real Estate (Development and Regulation) Act, 2016, whether the litigation under the Consumer Protection Act, 1986 can be launched by home buyers against the developers.

The High Court had referred to the judgement of Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005], held that the Pioneer judgement constitutes a rule proclaimed by the Supreme Court pursuant to Article 141 of the Constitution, even with regard to the issue posed in these petitions.

The Court also held that, the remedies applicable to the respondents herein under Consumer Protection Act 1986 and Real Estate (Development and Regulation) Act, 2016 are concurrent with each other and there is no reason to conflict with the view taken by the National Commission in these matters.

While hearing the Special Leave Petition of this particular case, the Supreme Court had referred to a judgement, M/s Imperia Structures Ltd. Vs. Anil Patni and Another [Civil Appeal Nos.3581-90/2020 and Civil Appeal No.3591/202, and held that Section 79 of Real Estate (Development and Regulation) Act, 2016 does not stop the consumer forum from entertaining a complaint by an allottee.

The Special Leave Petition is dismissed.



Tagged: Supreme Court   Section 79   RERA Act   Special Leave   Delhi High Court   Consumer Protection Act   High Court   Special Leave Petition  
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