Homeowners can file proceedings under Consumer Protection Act

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Homeowners can file proceedings under Consumer Protection Act

The Supreme Court, in its judgment in M/S Imperial Structures Ltd v Anil Patni and another on 2 November 2020, held that the Real Estate (Regulation and Development) Act, 2016 (RERA Act), did not preclude the National Consumer Disputes Redressal Commission (NCDRC) or its subordinate forums from entertaining complaints under the Consumer Protection Act. The judgment was delivered by a bench of the court consisting of Justice U U Lalit and Justice Vineet Saran.

The two questions answered by the judgment of the Supreme Court were:

(1) Whether the bar specified under section 79 of the RERA Act would apply to proceedings initiated under the provisions of the Consumer Protection Act; and

(2) Whether there is anything inconsistent in the provisions of the Consumer Protection Act with that of the RERA Act.

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The dispute digest is compiled by Numen Law Offices, a multi-disciplinary law firm based in New Delhi & Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.