Guntur | 05 Apr, 2021 (4 months ago)

General Advice

Can be filed a case in RERA if delayed in District consumer forum!!?

Can I approach RERA now as my case exists in District consumer forum since Nov 2019 and hearings are continously being postponed till now duetoHealthEmergency. If Yes, Please help me with the any proof order by Supreme court to approach both entities simultaneously. Real Estate company refusing to refund my Rs 4,75,000/- for the last 4 years and filed case now I want to approach RERA without withdrawing case in Consumer Forum. Please guide me.
Answers
06 Apr, 2021 | 10:27

Yes, you can file a case in RERA also provided that the limitation period has not expired. The SC has held this in the case of M/s Imperia Structures Ltd v Anil Patni & Another available at https://main.sci.gov.in/supremecourt/2019/9796/9796_2019_34_1502_24555_Judgement_02-Nov-2020.pdf.

Also, note that it is possible that proceedings may be delayed by RERA on the same ground of health emergency.


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