RERA & Consumer Court Cannot Receive The Same Complaint: NCDRC
RERA & Consumer Court- The decision is applied in accordance with estoppel by remedy choice. 25th September 2023: A complaint filed under the Real Estate (Regulation & Development) Act (Rera) cannot be submitted under the National Consumer Disputes Redressal Commission (NCDRC), in an effort to avoid duplication of actions and conflicting rulings on the same issue between the same parties. According to a recent decision by a bench led by Justice Ram Surat Ram Maurya and NCDRC member Bharatkumar Pandya, this is use in cases of “estoppel by election of remedy.”
Are you searching for new projects in dahisar?
The NCDRC can reject a complainant’s claim that Rera’s Section 18 permits appeals to both the Rera tribunal & the consumer court based on this judgement from September 20, 2023.
The case
The complaint Kanoria Energy & Infrastructure filed against Macrotech Developers for failing to provide possession of two flats in Trump Towers Worli on time serves as a case in point.
- A 3BHK and a 4BHK were reserve by the complainant, whose possession began on December 31, 2018.
- On December 31, 2019, the possession with a grace period came to an end.
- January 17, 2020, the complainant sent a letter to the developer terminating the contract and requesting a refund.
- On January 29, 2020, the developer responded through email to say that it had received the OC & was in the process of handing over possession.
- On February 14, 2020, the complainant issued the developer a legal notification requesting a refund and interest.
- August 21, 2020, the complainant submitted a complaint with MahaRERA after not receiving a response.
- In response, the developer sent letters of offer of possession with a demand. For the remaining payment of the apartments due on December 30, 2020.
NCRDC’s order
According to the NCDRC’s order, the complainant submitted a complaint with MahaRERA on August 21, 2020, asking for a refund. However the complain was later dismiss on June 27, 2022. The complaint had appeals before the appellate authority on the basis of this order, which are still pending. In September 2022, the complaint went to the NCDRC and complained about the developer’s alleged lack of service. The current complaint is therefore preclude by estoppel by remedy selection and is likely to be dismiss as unmaintainable.
You’re looking for Projects in Goregaon we have the Best Properties In Mumbai Like Ready to Move:https://navimumbaihouses.com/properties/search/goregaon/
If you want daily property update details please follow us on Facebook Page / YouTube Channel / Twitter
