KULDEEP KUMAR KOHLI
PRESIDENT
FEDERATION OF RESIDENTS WELFARE ASSOCIATION
08860332402
FORFORWA@GMAIL.COM
May these answers be construed as
prima facie basic responses based on the limited information provided to us as
on date by the members and members are advised to consult their Legal Counsel
as well.
RERA
VERSUS CONSUMER COURTS
88.
The provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other law for the time being in force.
Hence section 88 of the RERA states that the
application of other laws is not barred due to any provisions of RERA.
Therefore, consumer forums are not civil courts as proposed to be barred in RERA (section 79). Further, Ministry of Housing & Urban Poverty Alleviation has also clarified that the consumer forums have “not been barred from the ambit of “RERA.
Therefore, consumer forums are not civil courts as proposed to be barred in RERA (section 79). Further, Ministry of Housing & Urban Poverty Alleviation has also clarified that the consumer forums have “not been barred from the ambit of “RERA.
Any aggrieved person can approach either the Regulatory Authority under RERA or appropriate consumer forum (for matters covered under RERA).
Recently, in an order the Maharashtra Real Estate Regulatory Authority (Maharashtra RERA) rejected complaints filed by six home buyers against a developer on the grounds that they did not disclose that they had filed similar complaints before the Bombay High Court.
We must keep in mind that as a thumb rule, our laws do not permit forum shopping. Hence, an aggrieved party can only approach one of the two tribunals for disputes over the same matter.
Warm Regards
Kuldeep Kumar Kohli
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