Once an Allottee filed a complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA), he cannot file the suit for recovery of money and the parties cannot be referred to Arbitration – Smt. Rita Banerjee and Anr. Vs. S.E. Builders and Realtors Ltd. – Calcutta High Court
December 20, 2024
Hon’ble Calcutta High Court held that the plaintiffs have initially made complaint before the West Bengal Housing Industrial Regulation Authority under Section 31 of RERA Act, 2016 and the said complaint is still pending before the concern authority. Thus the plaintiffs elected remedy under Section 31 of the RERA Act, 2016, the plaintiffs cannot file the suit for recovery of money and the parties cannot be referred to arbitration.