An Analysis Of Parallel Proceedings Under The Consumer Protection Act, 1986 And Rera, 2016: M/S Imperia Structure Ltd. Vs. Anil Patni
Samarth Pathak, United World School of Law, Karnavati University, Gandhinagar
ABSTRACT
People who buy or register as allottees for new homes, also known as homebuyers, don't have many remedies available to them because the agreements they sign always have loopholes that prevent them from getting to the places they need to go, to receive justice or any type of compensation. This judgement set a precedent for such issues by establishing that homebuyers have various rights and can also claim additional remedies. Supreme Court, decided in the favour of Homebuyers taking in consideration various pre decided cases. But it has also opened the door for various questions and issues which have to be dealt with in future. In Imperia Structures Ltd. v. Anil Patni, the Supreme Court of India ruled that allottees under RERA could be included in the CPA's definition of "consumers." Additionally, the Court noted that under section 79 of RERA, the consumer forums cannot be viewed as "civil courts."
