Punjab and Haryana High Court has stated that home buyer can pursue for remedies under the Consumer Protection Act and RERA act

Punjab and Haryana High Court has stated that home buyer can pursue for remedies under the Consumer Protection Act and RERA act

The Punjab and Haryana High Court has observed that a homebuyer can pursue the remedies under the Real Estate (Regulation and Development) Act, 2016 and the Consumer Protection Act simultaneously.

A division bench of Justices Dr S Mularidhar and Avneesh Jhangan held that it is not mandatory that a person, whose complaint is pending before the Consumer Forum, should have it transferred to the Adjudicating Officer under the RERA.

The Court noted that the proviso to Section 71(1) is an enabling proviso, which enables a person whose complaint is pending in the consumer fora under the CPA to opt to withdraw such complaints to go before the AO. This has to be read along with Section 88 of the RERA, which states that the provisions of the Act are “in addition to, and not in derogation of, the provisions of any other law for the time being in force.”

“As far as the proviso to Section 71 (1) of the Act is concerned, it is an enabling provision. It enables a person whose complaint is pending in the consumer fora under the CPA to opt to withdraw such complaints to go before the AO. However, this has to be read along with Section 88 of the Act, which clearly states that “the provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.” It is, therefore, not mandatory for a person, who has a complaint before the consumer fora to have his complaint transferred to the AO. He can pursue both the remedies simultaneously on the strength of Section 88 of the Act”.

 

 

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