Flat Purchasers /Homebuyers are not entitled to continue to pursue prosecution of complaints under the RERA, 2016 and under Consumer Possession Act 1986 concurrently/ simultaneously – Ajay Vs. Lucina Land Development Ltd. – Maharashtra REAT
August 18, 2024
In this important judgment, Maharashtra REAT held that: (i) Remedies sought under CP Act 1986 are additional one over and above the other remedies prayed for under RERA and that the availability of an alternate remedy is no bar/ embargo in entertaining a complaint under the CP Act 1986. Hence, there is no bar in entertaining and pursuing the said two sets of complaints filed before two forums under the Act of 2016 and also under CP Act till their final outcomes subject to the satisfaction of certain conditions as illustrated above with respect to the non-applicability of doctrine of election. (ii) In this case, the reliefs prayed for in both the complaints filed under both the Acts are quite same and are of similar in nature. Moreover, the cause of action is also same, the doctrine of election is squarely applicable to the present appeals. (iii) The flat purchasers are not entitled to continue to pursue prosecution of both the sets of the complaints filed under the RERA Act of 2016 and under CP Act, 1986 concurrently/simultaneously. It is for the appellants to elect only one out of these two available options to continue prosecution of the complaints filed under these two Acts and not under both. It is not in dispute that appellants have chosen not to withdraw their complaints filed under the Consumer Protection Act. Therefore, the captioned complaints filed under the RERA Act have become legally unsustainable.