RERA or NCDRC; “Where should I file my #RealEstate case?” is a common question that bothers every #HomeBuyer.
Advocate Denson Joseph says that, “the answer is simple though it require a deft understanding of the kind of relief that one seeks and hence it differs from case to case”.
He further adds that, “if it is a matter limited to claim of possession, RERA could be the choice to make as the relief ordered might be delivered much faster than what happens at the NCDRC”.
However if the pecuniary jurisdiction of 1 Crore is satisfied and there are other ancillary reliefs that the aggrieved consumer(s) seek(s) then though the process at NCDRC is painfully slow and the (practical) litigation costs higher. “The Order delivered is worth the wait. Hence I strongly recommend to file your case in the NCDRC than with RERA”, says Denson.
Mr Denson says that, “the following questions will further help the aggrieved Consumer understand why I so vocally support action at the NCDRC than the RERA:
Q1. Who is the Chairperson in each of these forums?
A1. The RERA chairperson is an Industry expert with 20 years of professional experience WHEREAS the chairperson of NCDRC is a retired Supreme Court Judge.
Q2. Which of the two Forums restricts the aggrieved consumer from seeking other legal remedies?
A2. RERA takes an undertaking from the Complainant when he makes a complaint thereby restricting him from seeking other legal remedies which is not the case with the NCDRC where there is no such restriction and the consumer may choose to pursue both civil and criminal remedies against the concerned Builder.
Q3. To whom does the appeal lie from RERA and the NCDRC respectively?
A3. In case of RERA it lies to the REAL ESTATE APPELLATE TRIBUNAL and further on to the HIGH COURT and then finally to the SUPREME COURT
WHEREAS in the case of NCDRC it lies directly to the SUPREME COURT OF INDIA”.
The picture is now quite clear and one could not have asked for a more clearer answer regarding this question. Adv. Denson Joseph is presently leading the fight for aggrieved homebuyers against ADEL (formerly ERA) Landmarks Ltd. , ANSAL BUILDWELL Ltd. & PIVOTAL INFRASTRUCTURE to name a few. Besides he is a honorary consulting lawyer to a select Group of aggrieved #HomeBuyers suffering at the hands of PIYUSH, BPTP, SRS, AMRAPALI & JAYPEE. When it comes to practical application of law, he is a master strategist and holds a LL.B together with a Bachelors Degree in Engineering. He practices in the NCDRC, NGT, High Courts of Delhi & Chandigarh and the District Courts of Delhi, Gurgaon & Faridabad and deals in both Civil and Criminal cases. He is also a member of the Saket Bar Association and may be contacted on phone/whatsapp at his number 9650750002 or his email id which is firstname.lastname@example.org