For allottees facing protracted possession delays or unilateral changes in building plans, the Indian legal landscape offers multi-forum remedies. In Imperia Structures Ltd. v. Anil Patni (2020), the Supreme Court affirmed that the remedies available to consumers under the Consumer Protection Act are additional remedies, not in derogation of other laws including RERA.
Choosing the Appropriate Forum
1. RERA Authority: Offers specific statutory mechanisms for interest on delayed possession under Section 18, structural defect rectifications, and execution of recovery certificates through district collectors.
2. National Consumer Disputes Redressal Commission (NCDRC): Effective where claims involve pecuniary value exceeding statutory thresholds, seeking full refund with compensation for deficiency in service.
3. Insolvency & Bankruptcy Code (IBC): Subject to the threshold requirement under Section 7 (minimum 100 allottees or 10% of total allottees), homebuyers hold status as financial creditors in real estate insolvencies.
