![]() Geetanjali Aman Construction Vs Hrishikesh Ramesh Paranjpe Hence, now it is a established principal that consumers now have to option to approach RERA forum as well as Consumer Protection forum for redressal of their of their issues. ![]() In the same case before NCDRC it was held that the agreement does not bar the parties from going to forum for redressal of issues. Section 71 of RERA provides for adjudicatory powers does not in any way stop the person from invoking the rights under CPA. ![]() Although there are provisions of RERA expressly for protection of Developers and Builders and also for protecting the rights of buyers in regards to substantial compensation but all this does not curtail the right or limit it for instance. Just because an alternate remedy is available to consumer under a statute it can not stop him from approaching the forum. The forum under the act is not to be considered as a civil court. The Hon’ble court held that the Consumer Protection Act, acts as a supplement to another statue and not to suppress the right given in another statute. ![]() Subsequently, a consumer complaint was filed in the forum against the builder, but he contended that the forum does not have jurisdiction to try the case as the matter is already pending under a different statue and different authority. The facts of the case are as follows, here the builder promised to build villas and to make them available for delivery within a stipulated time, however he failed in this regard.Īfter which he filed an application under Arbitration and Conciliation Act,1996 to ask the judicial authority to refer parties to arbitration as the agreement between the buyers and the builders had a arbitration clause in the main agreement. In this case there was a dispute that if the suits falls under RERA, can a consumer complaint also be filed against the builder. ![]()
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