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ARTICLE · 22 APRIL 2021

RERA Act Does Not Bar Remedies Under Consumer Protection Act

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The Hon'ble Supreme Court in a landmark judgment dated November 02, 2020 in the case of M/s Imperia Structures Ltd v Anil Patni & Another held that the Real Estate Regulatory Authority Act does not restrict the jurisdiction granted ...

IndiaConsumer Protection
Nihit Nagpal
Nihit Nagpal
Anuj Jhawar
Anuj Jhawar
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Introduction

The Hon'ble Supreme Court in a landmark judgment dated November 02, 2020 in the case of M/s Imperia Structures Ltd v Anil Patni & Another1 held that the Real Estate Regulatory Authority Act does not restrict the jurisdiction granted under Consumer Protection Act, 1986 to handle and deal with the complaints filed by consumers (homebuyers) of real estate projects registered under The Real Estate (Regulation and Development) Act, 2016 ("RERA").

RERA does not bar remedies under Consumer Protection Act

An appeal was preferred by Imperia Structures ("Builders/Developers/Appellant") in the Hon'ble Supreme Court against an order passed by National Consumer Dispute Redressal Commission ("NCDRC") with regard to complaints made by homebuyers/allottees. The homebuyers, collectively, had approached NCDRC and filed a complaint under the Consumer Protection Act, 1986 for unfair trade practice and deficiency in services owing to delay in handing over of

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