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

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

The National Consumer Disputes Redressal Commission's findings that the complainants were 'consumers', that the promoter was deficient in service and liable to refund amounts with interest and costs were correct; the RERA Act does not bar consumer fora from entertaining complaints because consumer commissions are not 'civil courts' and RERA expressly preserves other remedies (s.18, s.71 proviso, s.88); registration under RERA does not defer or extinguish an allottee's entitlement where the contractual completion date had already passed. Accordingly the appeals are dismissed and the Commission's orders are affirmed.

Parties
Appellant: M/S. IMPERIA STRUCTURES LTD.; Respondent: ANIL PATNI
Jurisdiction
India
Judgment Date
02 November 2020
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Under Section 23 of the Consumer Protection Act, 1986
Outcome
Appeals dismissed
Legal Topics
Jurisdiction of Consumer Fora, Applicability of Special Statute (rera), Remedies and Election of Remedies, Registration Under RERA, Definition of Consumer, Force Majeure, Refund and Interest
Consumer Protection Act, 1986 Real Estate (regulation and Development) Act, 2016 (rera) Contract Law Administrative Law Jurisdiction of Consumer Fora Applicability of Special Statute (rera) Remedies and Election of Remedies Registration Under RERA +3 more

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Parties

M/S. IMPERIA STRUCTURES LTD.

Appellant

ANIL PATNI

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Under Section 23 of the Consumer Protection Act, 1986

Legal Issues

  1. 1 Whether the complainants are 'consumers' within the meaning of the Consumer Protection Act, 1986
  2. 2 Whether the RERA Act (including s.79) bars the jurisdiction of consumer fora such as the National Commission
  3. 3 Whether remedies under the CP Act remain available after enactment and implementation of the RERA Act and whether they are additional to RERA remedies

Ratio Decidendi

The National Consumer Disputes Redressal Commission's findings that the complainants were 'consumers', that the promoter was deficient in service and liable to refund amounts with interest and costs were correct; the RERA Act does not bar consumer fora from entertaining complaints because consumer commissions are not 'civil courts' and RERA expressly preserves other remedies (s.18, s.71 proviso, s.88); registration under RERA does not defer or extinguish an allottee's entitlement where the contractual completion date had already passed. Accordingly the appeals are dismissed and the Commission's orders are affirmed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed and the National Commission's judgments and orders dated 12.09.2018 and 09.08.2018 affirmed
  • Appellant to pay the amounts directed by the National Commission to be refunded to each complainant with simple interest at 9% per annum from respective dates of deposit till realisation, as ordered by the Commission