Ans: Sometimes, an allottee can choose between RERA and Consumer Commission. It depends on facts. Where double remedies under consumer forums and RERA were sought, SC has stated RERA did not oust consumer proceedings on its face and the allottee has concurrent remedies. Correct forum is based on nature of grievance, relief sought, facts related to project and consumer forum jurisdiction. Some buyers may want refund and compensation for delay; others want documents verified before filing anywhere. One allottee filing in one forum doesn’t decide what’s best for you.

Ans: RERA isn’t always the ideal forum for delayed possession complaints. For instance, RERA’s Section 18 lays down remedies available where promoter fails to complete or hand over possession as per agreement or in other situations covered in the section. If there’s been delay in completion/handover, Section 18 could apply. Consumer law could apply too if delay caused deficiency in service and buyer fulfills certain criteria under that law. Whether you choose RERA or Consumer Commission depends on if buyer chiefly wants possession or refund with interest / compensation or wants multiple remedies. BK Singh can peruse buyer’s agreement, delay timeline to suggest better forum.

Ans: Provided your claim falls within National Commission’s original pecuniary jurisdiction (district commissions entertain claims where value of paid consideration for goods or services is under ₹1 crore; state commissions where consideration is more than ₹1 crore but under ₹10 crore; national commissions where consideration exceeds ₹10 crore) and satisfies other conditions to file consumer complaint. National Consumer Disputes Redressal Commission can exercise original jurisdiction to entertain consumers’ complaints where value of goods or services paid as consideration exceeds ₹2 crore. Note compensation payable isn’t the only criteria for deciding if your claim falls under original pecuniary jurisdiction of NCDRC. NCDRC Lawyers can go through the consideration paid for flat, parties to dispute and relief sought to decide which consumer forum you should approach.

Ans: Legally speaking both remedies exist. But filing parallel complaints for same relief isn’t automatically recommended. SC has upheld the doctrine of election of remedies where a party has multiple remedies. How this principle applies would depend on the type of forum first proceedings were initiated in, what relief is claimed subsequently and what transpired, if any proceedings were started previously. Multiple proceedings could open you to objections about maintainability, higher costs and contradictions if you are not careful. If you have a pending RERA complaint/order, please provide all documents and details about the history of previous case before starting a new legal course.

Ans: Civil courts become applicable if your dispute involves right/remedy against builder not covered under specific matters assigned to the Authority, adjudicating officer or Appellate Tribunal under RERA. RERA Section 79 prevents civil courts from taking cognizance of any suit/ proceeding with respect to any matter which can be determined by those authorities. So, merely because it’s a “property case” won’t automatically allow you to file suit in a civil court. Title/declaration/ownership cases would need to be looked at separately.

Ans: Yes. Under RERA Section 18, if promoter doesn’t complete/handover property as per agreement or under certain conditions, the allottee who withdraws from agreement due to undue delay is entitled to refund of amount paid with interest as prescribed and compensation. Along with claiming a refund under RERA, you may also have remedy under consumer law if delayed possession amounts to deficiency in service. Therefore, refund isn’t automatically entitled because the builder delayed more than x months. Date of agreement, promised date of possession, extensions (if any), current stage of project and subsequent events would need to be looked at.

Ans: Complaints need to be filed within two years of the cause of action arises under Section 69 of Consumer Protection Act, 2019. But the Commission may allow a complaint to be filed after the said period if the complainant satisfies the Commission that he has sufficient cause for not filing the complaint within such period. In almost all delayed projects builders and buyers exchange letters promising possession, accepting failure to deliver on promised dates and refusing to accept possession after cause of action first arose. Buyers are granted “extensions” by builders and every instance may not start a new limitation period. Lawyers would have to look into what’s the relevant cause of action in your case.

Ans: Property matters touch upon RERA law, consumer law, contracts, jurisdiction of forums, limitation periods and evidence. Correct analysis of your facts would help determine if your main complaint is about delay, refusal to refund, deficiency in service, unfair trade practice, compensation or something else related to property. Advocate BK Singh and Lawyers at NCDRC can review your documents and tell you if you need a Consumer Commission lawyer. Benefit of consulting a lawyer is knowing which forum is appropriate and how best to present your real consumer complaint instead of filing a complaint based on assumptions.

Ans: There is no straight yes or no answer to this question. Each situation is unique. Both consumer forums and RERA forums have jurisdiction as courts of law. However, once you file a proceeding, make a claim and court passed orders on your claims in one forum, various legal principles including election of remedies would affect what you can do afterwards. If you want to go to Consumer Commission after approaching RERA (or vice versa), you must disclose facts of every previous complaint you filed, reply you filed and orders passed when asked by lawyers or the new forum. Starting a new case without knowing the legal position of your first case would open you to objections that new case cannot be heard or cannot claim similar relief. Specifics of both cases would decide what can be done next.

Ans: Most important info. to share is date of booking, total sale consideration, amount paid till date, promised date of possession, current status of project, whether builder applied for RERA registration and exactly what result you want from this dispute. Share allotment letter/agreement for sale, receipt of payments, notice demanding action, relevant emails and copies of previous legal proceedings if any. BK Singh can quickly tell you if your matter is primarily governed by RERA, consumer law or some other civil law remedy. If you know what you want at first meeting, you’ll avoid unnecessary cases in future.