Kabra and Associates & Ors. Vs Rekha Rajkumar Hemdev & Ors. (Supreme Court of India)
Summary: The Supreme Court allowed the developer’s appeal and set aside the NCDRC’s order dated 23.08.2023 holding Consumer Complaint No.122/2022 maintainable. Rekha and Raj Kumar Hemadev had initially approached the Maharashtra Real Estate Regulatory Authority against M/s Kabra and Associates. Their first complaint alleged failure to register the building, in which they had purchased flats, as an ongoing project under Section 3 of the Real Estate (Regulation and Development) Act, 2016. They subsequently filed another complaint under Section 18 seeking refund of the amounts paid for Flat Nos.2101 and 2102.
The first complaint was disposed of by MahaRERA on 14.05.2019 with a finding that registration of the project under Section 3 was not mandatorily required. The Supreme Court observed that, irrespective of whether that order was legally correct, it had attained finality and was binding between the parties. The second complaint was withdrawn after the complainants stated that they had erroneously mentioned a different project. MahaRERA’s order dated 15.05.2019 recorded the withdrawal and observed that the complainants could approach an appropriate forum for the relief sought.
The complainants took no further action until 2022, when they filed Consumer Complaint No.122/2022 before the NCDRC. The Supreme Court held that, when concurrent remedies were available, the complainants had made their election by first approaching the Authority under the RERA Act and subsequently withdrawing their complaint while reserving liberty to file a fresh complaint before that Authority. Having committed themselves to that course, they could not thereafter retract from it and opt for the remedy under the Consumer Protection Act, 2019.
