The Punjab and Haryana HC has observed that a homebuyer can pursue the remedies under the Real Estate (Regulation and Development) Act, 2016 and the Consumer Protection Act simultaneously and 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 as per remedies Under RERA and Consumer Protection Act.
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.”
The Court however clarified that if a complaint before the Consumer Forum is withdrawn and presented before the AO, the scope of the relief would be limited to the compensation or interest. The Court made these observations while clarifying the scope of powers of the AO and the RERA Authority in lieu of remedies Under RERA and Consumer Protection Act.
Read the judgment highlighting remedies Under RERA and Consumer Protection Act here: