- (1.) 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"].
(2.) Relying on the decision of three Judges of this Court in Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India [(2019) SCC Online SC 1005], the High Court concluded as 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."
(3.) 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.;