Homebuyers Can Take Grievances to Consumer Forum & RERA

Homebuyers who have not got possession of their houses within the contract time period are free to approach the consumer forum for compensation from the builder in addition to Real Estate (Regulation and Development) Act proceedings, the Supreme Court in its judgment. It has held that "Section 79 of the RERA Act does not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint." The court also said that if the contract has been violated, the rights of the homebuyers cannot be said to be deferred simply because the registration period under RERA still continues. It has consistently been held by the Court that the remedies available under the provisions of the Consumer Protection Act are additional remedies over and above the other remedies including those made available under any special statutes; and that the availability of an alternate remedy is no bar in entertaining a complaint under the CP Act. Court also noted that section 100 of the CP Act specifically says that 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."