The NCDRC was informed that the complainant had earlier filed two complaints with the Maharashtra Real Estate Regulatory Authority for a refund of money. The two complaints were dismissed in June 2022 and appeals challenging this decision were pending before an appellate authority.
Meanwhile, in September 2022, the complainant also approached the NCDRC alleging a deficiency of service on the part of the developer.
The developer challenged this consumer court complaint on the ground that the complainant had already chosen to avail remedies provided by the RERA.
The developer also submitted that the complainant had also approached the National Company Law Tribunals in Delhi and Mumbai on related matters, which were also pending.
It was the complainant’s argument that Section 18 of the RERA lays down that its remedies were ‘without prejudice to any other remedy.’
The complainant, therefore, asserted that the complainant was also allowed to avail remedies under the Consumer Protection Act, 2019, which was in addition and not in derogation of any other law.
Source: Barandbench
