Where a complaint is allowed to be proceeded with
under sub-section (3), the District Forum may proceed
with the complaint in the manner provided ... Project” and “Promoter” respectively. Sections 3 , 4 , 5 , 18 , 19 ,
22 , 46 , 71 , 79 , 88 and 89 of the RERA Act are as under
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
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
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
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
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
subsequent notification dated
19.04.2017, Sections 3 to 19 , 40 , 59 to 70 , 79 and 80 of 'RERA', came into
force ... Learned counsel for the petitioner refers to Section 79 of 'RERA'
to submit that jurisdiction of the Civil Court to entertain any suit
Nadu Real Estate
Rules came into force on 22.06.2017. Therefore, even before RERA
rules came into force, the appellant applied for completion certificate ... ongoing
project and invocation of Sections 71 , 79 and 88 of the RERA Act by the
Adjudicating Officer is unwarranted and set aside the order
approval.
Further as per Rule 2(h)(ii) of the Tamil Nadu RERA Rules, there is an
http://www.judis ... ongoing
project and invocation of Sections 71 , 79 and 88 of the RERA Act by the
Adjudicating Officer is unwarranted and set aside the order
Real Estate
(Development and Regulation) Act, 2016 [hereinafter
referred to as “RERA”].
Signature Not Verified
Relying on the decision of three Judges of this Court ... 3591/2020, it has been held by this Court that Section 79 of
the RERA Act would not in any way bar the Commission
