(Deepshikha Gautam, Intern Journalist) Chandigarh: Punjab and Haryana High Court have made it clear in one of its decisions that a home buyer is entitled to relief under the Real Estate (Regulation and Development) Act (RERA), 2016 and Consumer Protection Act simultaneously. A division bench of Justices S. Muralidhar and Justice Avnish Jhangan of the High Court held that it is not necessary that if a complaint of a person is pending before the Consumer Forum, then he should file a complaint before the Adjudicating Officer (adjudicating officer) under RERA. Rights do not exist.
The court said that section 71 (1) contains provisions that enable a person to withdraw his complaint pending in the Consumer Forum under the Consumer Protection Act and to take his complaint before the Adjudicating Officer of RERA.
Therefore, it is not necessary for a person that his complaint pending before the Consumer Forum be transferred to the Adjudicating Officer. The person can get relief from both places simultaneously on the basis of section 88 of the Act. The court, however, made it clear that the relief will be limited to compensation or interest if the complaint is withdrawn before the Consumer Forum and presented before the Adjudicating Officer. Therefore, he will have to make a conscious decision. He will have to go before the authority for the rest. The court made this decision clarifying the scope of powers of the Adjudicating Officer and RERA Authority. The Bench was simultaneously hearing petitions challenging certain provisions of the Haryana Rules regarding pre-deposit condition and role of Adjudicating Officer under RERA.
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