Can homebuyers / allottees approach Consumer Forum even after RERA Act?

Yes, homebuyers can approach either the Consumer Forum or the authorities under RERA Act.

Whom should homebuyers/ allottees approach – Consumer Forum, RERA, NCLT?

In order to choose between Consumer Forums and Courts, following material considerations as covered under different heads are important.

Are homebuyers “Consumers”? Can they file complaint in Consumer Forums?

Yes, homebuyers are consumers within the meaning of Consumer Protection Act, 2019 if they have not purchased the property for commercial purpose.

Can RERA entertain complaint against Banks? In what cases?

Yes, RERA authority has the jurisdiction to entertain a complaint against the bank (as a secured creditor of the builder) if the bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act.

Can homebuyers/ allottees claim compensation by filing complaints after they have executed conveyance deed with the builders?

Yes, homebuyers/ allottees can claim compensation by filing complaints after execution of conveyance deed.

Can homebuyers / allottees approach Consumer Forum even after RERA Act?

Yes, the homebuyers /allottees can claim compensation higher than that mentioned in the Buyers Agreement

What are the legal remedies available to the homebuyers/ allottees against builder?

You can approach RERA, Consumer Commission, NCLT, Civil Court, etc.