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Supreme Court of India 2020-11-02 dismissed

Imperia Structures Ltd vs Anil Patni and Another

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Imperia Structures involved real estate disputes where flat allottees sought remedies under the Consumer Protection Act against a builder's refusal to complete construction or return their deposits. The Supreme Court held that Consumer Protection Act remedies are cumulative and additional to remedies under special statutes like RERA Act and Cooperative Societies Act, and the availability of alternate remedies does not bar jurisdiction under the Consumer Protection Act. However, where authorities under special statutes approved the builder's action and were not impleaded as parties, the allottees must pursue statutory remedies under those acts. The Court dismissed the appeals, holding the Consumer Protection Act and RERA Act are not inconsistent and can coexist.

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Consumer Protection Real Estate Regulation Cooperative Societies Real Property Remedies Alternative Dispute Resolution Construction Law

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