At the ‘Law Offices of Kr. Vivek Tanwar Advocate and Associates,’ we specialize in providing legal services under both the Real Estate (Regulation and Development) Act (RERA) and the Consumer Protection Act (CPA). In this discussion, we will focus on the provisions of RERA and CPA, shedding light on when and how consumers can approach these legal avenues to address their grievances effectively.
Introduction:
Under RERA, individuals who have invested in real estate properties and are facing issues such as project delays, quality concerns, or deviations from the agreed-upon terms have a robust mechanism for seeking resolution. The Real Estate Regulatory Authority serves as the designated platform to ensure transparency and protect the rights of homebuyers. If you find yourself in such a predicament, RERA provides you with the means to seek remedies and hold developers accountable.
On the other hand, the Consumer Protection Act is a comprehensive legislation that safeguards consumers’ interests in a wide range of scenarios, including product defects, deficient services, and unfair trade practices. As experienced legal practitioners, we assist clients in navigating the provisions of CPA to file complaints and seek compensation or resolution from sellers, service providers, or manufacturers.
Legal Precedent:
Aftab Singh Emaar MGF Land Limited:
There was a disagreement in this case on whether a consumer complaint may be brought against the builder if the lawsuit falls under RERA. According to the case’s circumstances, the builder had agreed to construct villas and make them available for delivery within a given timeframe, however he had fallen short of his claim.
Then, because there was an arbitration clause in the main agreement between the buyers and the builders, he filed an application under the Arbitration and Conciliation Act of 1996 to request that the court authority refer the parties to arbitration.
A consumer complaint was then made against the builder at the forum, but he argued that the forum lacked the authority to hear the issue because it was already under appeal.
According to the honorable court, the Consumer Protection Act is a supplement to another law, not a suppression of a privilege granted by another law.
The forum established by the statute should not be viewed as a civil court. Simply because a statute gives a consumer access to an alternative remedy does not exclude him from contacting the forum. Although RERA has rules that are specifically intended to protect developers and builders as well as buyers’ rights to considerable compensation, none of this, for example, limits or curtails the right.
The provision of adjudicatory powers in Section 71 of RERA does not in any way prevent the person from exercising their CPA rights.
Hence, now it is an established principal that consumers now have to option to approach RERA forum as well as Consumer Protection forum for redressal of their issues.
Conclusion
In conclusion, at the ‘Law Offices of Kr. Vivek Tanwar Advocate and Associates,’ we are dedicated to empowering consumers with the knowledge and legal expertise to address their grievances effectively. Whether it’s navigating the provisions of the Real Estate (Regulation and Development) Act (RERA) to resolve real estate disputes or seeking recourse under the Consumer Protection Act (CPA) for a wide range of consumer issues, our firm is committed to safeguarding consumer rights and ensuring fair and just outcomes for our clients.
Written by : Adv. Anjali Bablani (D/3376/2016)