Citing that the provisions of the Real Estate Regulation and Development Act (RERA Act) are in addition to and not in derogation of other laws, the Tamil Nadu Real Estate and Regulation Authority (TNRERA) has ruled that complaints can be filed with the authority even if cases remain pending in the consumer forum.
However, the complainant submitted that the remedies available to the homebuyers under the Consumer Protection Act and RERA Act are concurrent remedies and cited orders issued by the Supreme Court to resubmit the complaint.
“The complaint before the State consumer commission is admittedly not yet disposed of. The complaint before the consumer commission and the present complaint before TNRERA are under different enactments. Apart from this, the RERA Act also makes it clear that the application of the provisions of the Act are in addition to and not in derogation of other laws,” observed the adjudicating officer of TNRERA G Saravanan.
While ordering to number the complaint filed by Neela Kannan, Saravanan also held that the complaint filed before TNRERA under RERA Act is maintainable. Earlier, Selene Estate Limited had contended against the maintainability of the complaint and requested the Authority to dismiss the complaint.