Complainant cannot move RERA, consumer court at same time: WBREAT
KOLKATA: The West Bengal Real Estate Appellate Tribunal (WBREAT) ruled in a case that a complainant cannot simultaneously approach the real estate regulatory authority and the consumer court.
"Since the cause of action in the proceedings before a Consumer Commission is identical with that of the Regulatory Authority, the complainant has to elect either of the two proceedings and cannot proceed with both simultaneously," WBREAT chairperson Justice Rabindranath Samanta and administrative member Dr Subrat Mukherjee ruled.
The ruling was based on consideration of various provisions of the Real Estate (Regulation and Development) Act, 2016, and decisions of the Supreme Court. While dismissing the complainants' appeal on this technical ground, the Tribunal gave liberty to the complainants to withdraw the complaint from the Consumer Commission and file it afresh before the West Bengal Real Estate Regulatory Authority (WBRERA).
The case relates to a dispute between landowners Debdutta and Siddharta Chatterjees initially filed a complaint case before the District Consumer Disput ..
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