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2020 Supreme(SC) 931
SUPREME COURT OF INDIA
Uday Umesh Lalit, Vineet Saran, JJ.
Today Homes And Infrastructure Private Limited - Appellant
Versus
Ajay Nagpal & Ors. - Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 23386 of 2019 (Arising out of impugned final judgment and order dated 04-09-2019 in CMM No. 621 of 2019 passed by the High Court of Delhi at New Delhi)
Decided On : 02-12-2020
Ms. Kanika Agnihotri, Advocate, Mr. Ashu Kansal, Advocate, Ms. Niharika Ahluwalia, Advocate, for the Appellant; Mr. Manish K. Bishnoi, Advocate, for the Respondent.
Points of law : Remedies available to respondents herein under CPA and RERA are concurrent, and there is no ground for interference with view taken by National Commission in these matters.
Headnote:
Constitution Of India,1950 - Article 141 - RERA Act - Section 79 – Commission - CPA and RERA are concurrent - whether proceedings Consumer Protection Act hereinafter referred to as "CPA"] can be commenced by home buyers or allottees of properties in proposed real estate development projects) against developers after the commencement of Real Estate (Development and Regulation.
Finding of the Court :
Civil Appeal it has been held by this Court that Section RERA Act would not in any way bar Commission or Forum provisions of Consumer Protection Act to entertain any complaint on behalf of an allottee - I am of view that judgment in Pioneer (supra) constitutes law declared by Supreme Court Article Constitution even in respect of question raised in these petitions Following said judgment therefore that remedies available to respondents herein CPA and RERA are concurrent and there is no ground for interference with view taken by National Commission in these matters.
Result : Order accordingly
ORDER
1. In the present matter, the question which came up for consideration before the High Court was : -
"...whether proceedings under the Consumer Protection Act, 1986 [hereinafter referred to as "CPA"] can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016 [hereinafter referred to as "RERA"]
2. Relying on the decision of three Judges of this Court in Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005] , the High Court concluded asunder:
"22. On the basis of the above discussion, I am of the view that the judgment in Pioneer (supra) constitutes the law declared by the Supreme Court under Article 141 of the Constitution, even in respect of the question raised in these petitions. Following the said judgment, therefore, it is held that the remedies available to the respondents herein under CPA and RERA are concurrent, and there is no ground for interference with the view taken by the National Commission in these matters."
3. In the meantime, in M/s Imperia Structures Ltd. Vs. Anil Patni and Another [Civil Appeal Nos.3581-90/2020 and Civil Appeal No.3591/2020, it has been held by this Court that Section 79 of the RERA Act would not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint on behalf of an allottee.
4. Thus, the instant matter stands concluded by decisions of this Court in Pioneer Urban Land and Infrastructure Ltd. and M/s Imperia Structures Ltd.
5. In the circumstances, we see no reason to interfere in the matter. This SLP is therefore, dismissed.
6. Pending applications, if any, shall stand disposed of.
