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(2020) Law Today Live Doc. Id. 15756 = 2021(1) L.A.R. 281
Decided on: 02.12.2020
For Petitioner(s):
Ms. Kanika Agnihotri, Adv. Mr. Ashu Kansal, Adv. Ms. Niharika Ahluwalia, AOR
For Respondent(s):
Mr. Manish K. Bishnoi, AOR
Consumer Protection Act, 1986 (68 of 1986), Section 2(c), (d), 12, 17, 21 -- Real Estate (Regulation and Development) Act, 2016 (16 of 2016), Section 79 – Real estate development project -- Consumer Complaint – RERA dispute – Jurisdiction of -- Whether proceedings under the Consumer Protection Act, 1986 / CPA can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the RERA – High Court held that remedies available to the respondents/ home buyers under CPA and RERA are concurrent – In Imperia Structures Ltd.’s case, Law Today Live Doc. Id. 15624 it was held that Section 79 of the RERA Act would not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint on behalf of an allottee – SLP dismissed.
(Para 1-6)
Cases referred:
1. Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005].
2. M/s Imperia Structures Ltd. Vs. Anil Patni and Another, Law Today Live Doc. Id. 15624.
ORDER
1. In the present matter, the question which came up for consideration before the High Court was:-
“…whether proceedings under the Consumer Protection Act, 1986 [hereinafter referred to as “CPA”] can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016 [hereinafter referred to as “RERA”].
2. Relying on the decision of three Judges of this Court in Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005], the High Court concluded as under:
“22. On the basis of the above discussion, I am of the view that the judgment in Pioneer (supra) constitutes the law declared by the Supreme Court under Article 141 of the Constitution, even in respect of the question raised in these petitions. Following the said judgment, therefore, it is held that the remedies available to the respondents herein under CPA and RERA are concurrent, and there is no ground for interference with the view taken by the National Commission in these matters.”
3. In the meantime, in M/s Imperia Structures Ltd. Vs. Anil Patni and Another [Civil Appeal Nos.3581-90/2020 and Civil Appeal No.3591/2020 = Law Today Live Doc. Id. 15624, it has been held by this Court that Section 79 of the RERA Act would not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint on behalf of an allottee.
4. Thus, the instant matter stands concluded by decisions of this Court in Pioneer Urban Land and Infrastructure Ltd. and M/s Imperia Structures Ltd.
5. In the circumstances, we see no reason to interfere in the matter. This SLP is therefore, dismissed.
6. Pending applications, if any, shall stand disposed of.
Petition dismissed.
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