Case Law Details
M/S M3M India Pvt Ltd & Anr Vs Dr Dinesh Sharma & Anr (Delhi High Court)
Judgment in Pioneer Urban Land and Infrastructure Ltd. & Anr. vs. Union of India & Ors. constitutes the law declared by the Supreme Court under Article 141 of the Constitution, even in respect of the question raised in these petitions. Following the said judgment, therefore, it is held that the remedies available to the respondents herein under CPA and RERA are concurrent, and there is no ground for interference with the view taken by the National Commission in these matters.
In view of the fact that the judgment in Pioneer (supra) was pronounced by the Supreme Court during the course of hearing in these petitions, I have not considered it necessary to conclude the hearing or render a decision on the question of maintainability of petitions under Article 227 of the Constitution, in view of Section 23 of CPA. That question is left open for a decision in an appropriate case. It is also made clear that I have not considered any other point raised by the parties on the maintainability or merits of the complaints before the National Commission.
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
1. These petitions under Article 227 of the Constitution involve a common question, viz. whether proceedings under the Consumer Protection Act, 1986 [hereinafter referred o as “CPA”] can b commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016 [hereinafter referred to as “RERA”].
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