Role of Consumer Laws in Real Estate Sector in India
Author : Dr. Abhijeet Dhere and Shivaji S Bibe
Abstract :
Since the RERA Act was passed, some legal arguments have claimed that consumer forums cannot handle complaints from home buyers. Courts often face the question of whether a complainant can use the Consumer Protection Act if another option is available. The courts usually try to answer this positively, but their position regarding home buyers hasn't been very clear. It's been argued that RERA is specific legislation for important issues, and remedies should mainly follow what the Act says. Real Estate industry has become an important part of the Indian Economy now. With such high number of transactions, both in terms of quantity and amount, it is natural that a number of legal disputes/grey areas will arise, both for the Promoters and the consumers. RERA Act, 2016 is an extension of Consumer protection law in India. Before Consumer Protection Act. 2019 there was Consumer Protection Act, 1986. In Consumer Protection Act, 2019, the word Deficiency and Defect is well defined and also interpreted by Supreme Court of India time to time in various cases.
Keywords :
Real Estate (Regulation & Development) Act, 2016, CPA-Consumer Protection Act, 1986, CPA 2019-Consumer Protection Act 2019 etc.
