Consumer Protection Act

Can a Real Estate Company purchased a flat for the purpose of residence of its Directors and Directors’ family be treated as a Consumer under the Consumer Protection Act, 2019? – Omkar Realtors and Developers Pvt. Ltd. Vs. Kushalraj Land Developers Pvt. Ltd. and Anr. – Supreme Court

Hon’ble Supreme Court held that the mere fact that the respondent-company is a real estate company, it does not mean that the flat was purchased by it for commercial purpose or for resale so as to earn profits. It is the appellant who is contending that the respondent is not a consumer and as such the complaint is not maintainable, therefore, the burden lies heavily upon it to lead evidence to prove that the respondent in purchasing the flat in question is indulging in real estate business.

Can a Real Estate Company purchased a flat for the purpose of residence of its Directors and Directors’ family be treated as a Consumer under the Consumer Protection Act, 2019? – Omkar Realtors and Developers Pvt. Ltd. Vs. Kushalraj Land Developers Pvt. Ltd. and Anr. – Supreme Court Read Post »

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

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.

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 Read Post »

Reliefs to Real Estate Allottee under the Consumer Protection Act & the Consumer Protection Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose – Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor – Supreme Court

In this case, Hon’ble Supreme Court have upheld the Commission’s order insofar as it directed the Developer to refund the amounts paid by the Consumer with interest for the unjustifiable delay in delivering the apartment. On law, the Court have considered the interplay between the judicial remedies under the Act and the Real Estate (Regulation and Development) Act, 2016 (RERA) and have explained the remedial choices of a consumer under these statutes. The Court have held that the Commission created under the Act has the power to direct refund under Section 14 of the Act. The Court concludes that the Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose.

Reliefs to Real Estate Allottee under the Consumer Protection Act & the Consumer Protection Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose – Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor – Supreme Court Read Post »

Whether the provisions of the Real Estate (Regulation and Development) Act, 2016 must be given primacy over the Consumer Protection Act, 1986 – IREO Grace Realtech Pvt. Ltd. Vs. Abhishek Khanna & Others – Supreme Court

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Whether the provisions of the Real Estate (Regulation and Development) Act, 2016 must be given primacy over the Consumer Protection Act, 1986 – IREO Grace Realtech Pvt. Ltd. Vs. Abhishek Khanna & Others – Supreme Court Read Post »

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