Is it possible to file a case in both the RERA Tribunal and the Consumer Court at the same time?

Status as on- 20/05/20213

Introduction

RERA is a first-of-its-kind Act, that is only applicable to the real estate sector and aims to create an authority for the consumer’s good. It also aims to look at important issues that have previously caused problems for homebuyers, such as project delivery timeliness, construction efficiency, and so on. For lakhs of aggrieved home buyers, the legislation has proven to be a huge relief. Previously, homebuyers were enticed to invest in unapproved projects that wrongly promised high returns, but now, in order to safeguard homebuyers’ interests, only registered projects will approach the RERA Tribunal.

IS SIMULTANEOUS FILING POSSIBLE?

While RERA does not prohibit the National Consumer Dispute Redressal Commission from exercising its original jurisdiction, it is not possible to file a complaint with both the RERA Tribunal and the NCDRC at the same time. To seek recourse for his grievance, an aggrieved individual has two options: either go to the RERA Tribunal or go to the Consumer Forum. If a customer decides to go to the NCDRC, he must bear in mind the court’s pecuniary jurisdiction and if a consumer decides to go to the RERA Tribunal, he will be directed by the court’s Territorial Jurisdiction, which means he must go to the RERA tribunal in the region where the claimed property is located. The jurisdiction of Consumer Forum applies to both existing as well as completed project.

CONCLUSION

We must keep in mind a thumb rule, that our laws do not permit forum shopping. Hence, For disputes over the same matter, an aggrieved party may only go to one of the two tribunals: the NCDRC with appropriate jurisdiction or the RERA Tribunal with Territorial Jurisdiction. As previously stated, approaching a consumer forum is not prohibited, but since RERA is a special Act designed to protect the interests of homebuyers, a consumer will be recommended to contact the adjudicating officer.

Disclaimer – The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in