VidhiSangh

Supreme Court of India · 02/11/2020

M/S. IMPERIA STRUCTURES LTD. versus ANIL PATNI AND ANOTHER

[2020] 12 S.C.R. 373 · 2020 INSC 625

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Summary

The Court upheld consumer orders granting homebuyers refunds for delayed possession. RERA supplies an additional remedy and does not exclude consumer jurisdiction. Withdrawal of an existing consumer complaint to approach the RERA adjudicating officer is optional. A later RERA registration deadline did not postpone the buyers’ accrued rights under their agreements. The builder’s appeals were dismissed with additional costs.

Issues

  1. Whether RERA excluded consumer jurisdiction over delayed-possession complaints.
  2. Whether the project’s later RERA registration period postponed the buyers’ refund claims.

Provisions considered

Held

Result

Appeals dismissed; Commission’s refund orders affirmed. Additional costs of Rs.50,000 in each consumer case were awarded over the amounts already directed; complainants entitled to execute their orders in accordance with law.

Judgment PDF: Supreme Court of India, [2020] 12 S.C.R. 373.