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Supreme Court of India 2020-11-02 dismissed

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

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

The Supreme Court upheld a National Consumer Disputes Redressal Commission decision directing a real estate promoter to refund amounts deposited by apartment allottees with 9% interest, dismissing appeals by the developer. The core issue was whether Consumer Protection Act remedies remain available despite the Real Estate (Regulation and Development) Act 2016. The Court held that the CP Act provides concurrent, additional remedies and that Consumer Forums are not 'civil courts' bound by RERA's Section 79 bar on civil court jurisdiction. The RERA registration certificate's validity period does not defer allottees' entitlements to challenge breaches of pre-registration agreements. Demonetization and labour shortages do not constitute force majeure. All remedies under both Acts are available to qualifying consumers-allottees.

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Consumer Protection Real Estate Regulation Housing/Real Estate Remedies and Procedure Concurrent Jurisdiction

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