Archive · 30 May 2025
Real Estate Tribunal: No Simultaneous RERA and Consumer Court Cases
Imagine you have a problem with a builder who didn't give you your apartment on time.
You can't complain about it in two different places at once, like the consumer court and the real estate authority.
A special court in West Bengal, called WBREAT, said that you have to pick only one place to complain.
This is because both places are trying to solve the same problem.
In a specific case, some people sued a builder, but they went to both places at the same time.
The court said they couldn't do that.
They can either complain to the consumer court or the real estate authority, but not both at once.
The court allowed them to withdraw their complaint from the consumer court and file it again with the regulatory authority.
WBREAT ruled a complainant cannot approach both the real estate regulatory authority and consumer court concurrently.
The ruling is based on the Real Estate (Regulation and Development) Act, 2016.
The case involves a dispute between landowners and a developer over undelivered flats.
Complainants initially filed a case in District Consumer Disputes Redressal Commission.
The complainants also filed a complaint with WBRERA seeking identical remedies.
- Who
- West Bengal Real Estate Appellate Tribunal (WBREAT) ruled in a case between landowners and developer MS Enterprise.
- What
- WBREAT ruled against simultaneous complaints in consumer court and real estate regulatory authority.
- When
- Ruling issued recently in the context of Real Estate (Regulation and Development) Act, 2016.
- Where
- West Bengal
- Why
- The WBREAT ruled that simultaneous complaints in both consumer court and real estate regulatory authority are not permissible.
Complainants' Actions
Developer's Stance
Simultaneous Redressal
Complainants' Actions
The developer argued against the maintainability of the complaint at WBRERA, as the same issue was already with the consumer court.
Developer's Stance
Complainants sought redressal from both consumer court and WBRERA at the same time.
- Tribunal
- West Bengal Real Estate Appellate Tribunal (WBREAT)
- Act
- Real Estate (Regulation and Development) Act, 2016
- Case Involves
- Debdutta and Siddharta Chatterjee vs. MS Enterprise
- Dispute
- Failure to deliver flats on time and alleged illegal construction
- Complainants' Initial Action
- Filed complaint with District Consumer Disputes Redressal Commission
- Complainants' Subsequent Action
- Filed complaint with WBRERA seeking same remedies
- WBREAT Ruling
- Complainants cannot pursue claims in both consumer court and regulatory authority simultaneously