An Insight Into The Dual Remedies Under RERA, 2016 And CPA, 2019

Ishaan Kunal Nagarkatti, Mayank Jain and Sanjna Mehrotra, O.P. Jindal Global University

ABSTRACT

Through this paper, the authors aim to explore the various remedies/reliefs provided to consumers under two separate pieces of legislation. This paper discusses the dual remedies provided to consumers under the Real Estate (Regulation Authority) Act, 2016 (hereafter referred to as RERA) and the Consumer Protection Act, 2019 (hereafter referred to as CPA). The authors aim to highlight that the nature of the remedies under these two legislations are complementary and additional and not conflictual. The CPA was established to provide for the protection of the interests of the consumers and for the timely and efficient settlement of consumer disputes. On the other hand, the RERA was enacted by the central government to look after and protect the interests of the home buyers from those promoters who delayed real estate projects. The RERA also allowed for the regulation of the real estate sector and acted as an adjudicating body for speedy dispute resolution.