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Q.

Can a Consumer Approach RERA and NCDRC Simultaneously?

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My sister struggled and was a victim of project delay. I have come to know about remedies provided by various acts and forums under the Indian government’s eyes which may help you out . I am assuming you are constrained by a postponed project and are wondering can a consumer appraoch RERA and NCDRC simultaneously or not? Let me help you out with this.

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Anguished homebuyers may file complaints against defaulting developers with the RERA and the NCDRC, according to the Delhi High Court (HC). This is a significant victory for homeowners who were undecided as to whether to use the NCDRC or the state RERA.

The new Consumer Protection Act of 2019 provides a wide range of rules regarding both the definition of an offence under the Act and dispute resolution, which has been a relief in more ways than one. It is crucial to realise that the solutions should not compete with one another but rather be applied simultaneously.

Filing suit in RERA and NCDRC at the same time

The Supreme Court clarified the situation surrounding complaints from homebuyers in February 2017 by permitting individual purchasers to approach the NCDRC and RERA together in case of a dispute with a developer and if the cost involved is greater than Rs 1 crore. As a result, groups of purchasers contacted the NCDRC frequently. On the other hand, RERA enables private homeowners to escalate their complaints, and recently, many have favoured the state regulatory agency. However, builders claimed that if a buyer filed a complaint against him in RERA, all active cases against him should be dismissed from NCDRC. 62 applications from builders with such requests were thus denied.

I hope this answers your query, ‘can a consumer appraoch RERA and NCDRC simultaneously or not?’.

Read More: Can Any of the Joint Owner File UP RERA Complaint?
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