Disha Law Firm

Consumer Complaint By Allottee Against Builder Not Barred By RERA Act : SC

The Supreme Court has held that a complaint before Consumer Forum by allottees against developers isn’t banned by the Real Estate (Regulation and Development) Act, 2016. For this situation, the complainants who had booked apartments by executing Builder Buyer Agreements in 2013, had moved towards the Consumer Commission which permitted their objection and ordered refund of the sums deposited by every one of them with simple interest @ 9% per annum from the respective dates of deposits alongwith Rs.50,000/ – towards costs.  

Under the steady gaze of the Apex Court, the developer (the Appellant which is presently enlisted under RERA) raised these two lawful issues; 

a) Whether the bar specified under Section 79 of the RERA Act would apply to proceedings initiated under the provisions of the CP Act, and 

b) Regardless of whether there is anything conflicting in the provisions of the CP Act with that of the RERA Act. consumer complaint pdf download