You cannot move RERA, consumer court at same time: Realty tribunal
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Kolkata: The West Bengal Real Estate Appellate Tribunal (WBREAT) ruled in a case that a complainant cannot simultaneously approach the real estate regulatory authority and the consumer court.
"Since the cause of action in the proceedings before a Consumer Commission is identical with that of the Regulatory Authority, the complainant has to elect either of the two proceedings and cannot proceed with both simultaneously," WBREAT chairperson Justice Rabindranath Samanta and administrative member Dr Subrat Mukherjee ruled.
The ruling was based on consideration of various provisions of the Real Estate (Regulation and Development) Act, 2016, and decisions of the Supreme Court.
While dismissing the complainants' appeal on this technical ground, the Tribunal gave liberty to the complainants to withdraw the complaint from the Consumer Commission and file it afresh before the West Bengal Real Estate Regulatory Authority (WBRERA).
The case relates to a dispute between landowners Debdutta and Siddharta Chatterjee and developer MS Enterprise over the development of a ground plus four-storied building.
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As per the development agreement, three flats measuring 2,100 sq ft in total were to be allocated to the Chatterjees within 24 months of Sept 16, 2020. When the developer failed to hand over possession on time, the Chatterjees initially filed a complaint case before the District Consumer Disputes Redressal Commission, North 24 Parganas at Barasat, seeking direction upon the promoter to hand over the flats to them and to pay compensation.
It was also alleged in the complaint that the promoter constructed an additional floor illegally and sought relief for deviating from the sanctioned plan by the promoter.
While the complaint case was pending in the Consumer Commission, the complainants filed a complaint at WBRERA seeking the same remedies as sought in the complaint before the consumer court. By an interim order dated Jan 7, 2025, WBRERA directed the promoter to deliver possession of three flats to the complainants.
By the same order, the Regulatory Authority summarily rejected the application filed by the promoter challenging the maintainability of the complaint on the ground that the cause of action and the remedies as in the complaint before the Consumer Commission are identical.
Following the appeal before the Appellate Authority by the promoter, WBREAT ruled in favour of the developer by stating that the petition of the Chatterjees before WBRERA was not maintainable as they also sought redressal on the same grounds before the District Consumer Redressal Commission.
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