Consumer Protection Act, 1986 and the RERA 2016 especially the Section 79 of RERA imposing a bar on the jurisdiction of a Civil Court ... this Act. With respect to the effect and applicability of Section 79 of RERA, the Apex Court has held as under:-
" It is, therefore
withdraw it and file before the RERA Authorities.
(ix) Section 79 of RERA only prohibits the jurisdiction of Civil Court from entertaining any suit ... with the Complaint Cases filed by the Consumers and neither Section 71 nor Section 79 and nor Section 89 creates any embargo or prohibits
grievance of an allottee by other fora.
25. Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit ... time being in force. 26. On plain reading of Section 79 of the RERA Act, an allottee described in category (B) stated in paragraph
Infrastructure Private Limited wherein it is
held that Section 71 nor Section 79 and nor Section 89 creates any
embargo or prohibits the jurisdiction ... Rather Section 71
of RERA provides the 'consumer', whose complaint in respect of
matters covered under Sections 12 , 14 , 18 and Section
Rather Section 71 of RERA
provides the 'consumer', whose complaint in respect of matters
covered under Sections 12 , 14 , 18 and Section ... adjudicating officer under the RERA.
6. A perusal of Section 79 of RERA reveals that the provisions
of said Act bar the jurisdiction of Civil
Rather Section 71 of RERA
provides the 'consumer', whose complaint in respect of matters
covered under Sections 12 , 14 , 18 and Section ... adjudicating officer under the RERA.
6. A perusal of Section 79 of RERA reveals that the provisions
of said Act bar the jurisdiction of Civil
Section 26 of the Consumer Protection Act, 1986 for dismissal of
the present complaint being not maintainable in view of Section 79
read with Section ... Rather Section 71
of RERA provides the 'consumer', whose complaint in respect of
matters covered under Sections 12 , 14 , 18 and Section
Rather Section 71 of RERA
provides the 'consumer', whose complaint in respect of matters
covered under Sections 12 , 14 , 18 and Section ... adjudicating officer under the RERA.
6. A perusal of Section 79 of RERA reveals that the provisions of
said Act bar the jurisdiction of Civil
under the RERA.
Consumer Complaint No.79 of 2017 7
6. A perusal of Section 79 of RERA reveals that the provisions of
said ... commencement of RERA. Section 88 of RERA says that
application of other laws is not barred. The provisions of RERA shall
be in addition
grievance of an allottee by other
fora.
25. Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit ... time being in force.
26. On plain reading of Section 79 of the RERA Act, an allottee described in category (B)
stated in paragraph
