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Today Homes And Infrastructure Pvt Ltd vs Ajay Nagpal on 2 December, 2020

Bench: Uday Umesh Lalit, Vineet Saran

                                                         1

     ITEM NO.3                      Court 4 (Video Conferencing)                SECTION XIV

                                     S U P R E M E C O U R T O F        I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                       No(s).       23386/2019

     (Arising out of impugned final judgment and order dated 04-09-2019
     in CMM No. 621/2019 passed by the High Court Of Delhi At New Delhi)

     TODAY HOMES AND INFRASTRUCTURE PVT LTD                                    Petitioner(s)

                                                        VERSUS

     AJAY NAGPAL & ORS.                                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.149198/2019-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     Date : 02-12-2020 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE UDAY UMESH LALIT
                              HON'BLE MR. JUSTICE VINEET SARAN


     For Petitioner(s)                    Ms. Kanika Agnihotri, Adv.
                                          Mr. Ashu Kansal, Adv.
                                          Ms. Niharika Ahluwalia, AOR

     For Respondent(s)                    Mr. Manish K. Bishnoi, AOR

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

In the present matter, the question which came up for consideration before the High Court was :-

“…whether proceedings under the Consumer Protection Act, 1986 [hereinafter referred to as “CPA”] can be 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”].

Relying on the decision of three Judges of this Court in Digitally signed by Indu Marwah Date: 2020.12.03 14:54:57 IST Reason: Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005], the High Court concluded as  2 under:

“22. On the basis of the above discussion, I am of the view that the judgment in Pioneer (supra) 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 the meantime, in M/s Imperia Structures Ltd. Vs. Anil Patni and Another [Civil Appeal Nos.3581-90/2020 and Civil Appeal No.3591/2020, it has been held by this Court that Section 79 of the RERA Act would not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint on behalf of an allottee.

Thus, the instant matter stands concluded by decisions of this Court in Pioneer Urban Land and Infrastructure Ltd. and M/s Imperia Structures Ltd.

In the circumstances, we see no reason to interfere in the matter. This SLP is therefore, dismissed.

Pending applications, if any, shall stand disposed of.

(INDU MARWAH)                                  (PRADEEP KUMAR)
COURT MASTER (SH)                                 BRANCH OFFICER