Can I use both RERA and a consumer forum?

You can choose either — the Supreme Court has confirmed RERA doesn't take away your right to use a consumer forum instead, or a case already filed there. RERA tends to be faster and more specialised for real estate; consumer forums can award broader damages for harassment and mental agony. RERA authorities are specialised, generally faster, and their orders are enforceable as arrears of land revenue (s.40) Consumer commissions can award wider heads of damages, including for mental agony/harassment, and are a familiar forum for many lawyers You cannot pursue the identical claim in both simultaneously to double-recover, but you can choose which to file in, or continue a case already pending in one If your primary need is a refund with interest quickly, RERA is usually the faster route

CAPGAIN › Answers › RERA & homebuyer rights › Should I File With RERA or a Consumer Court?

Should I File With RERA or a Consumer Court?

Short answer: You can choose either — the Supreme Court has confirmed RERA doesn't take away your right to use a consumer forum instead, or a case already filed there. RERA tends to be faster and more specialised for real estate; consumer forums can award broader damages for harassment and mental agony.

Law: RERA Act s.88; Imperia Structures v Anil Patni (2020) · Authority: MoHUA / State RERA authorities · Status: in force (effective 1 May 2016) · Checked 25 Sept 2026

What you need to know

RERA authorities are specialised, generally faster, and their orders are enforceable as arrears of land revenue (s.40)
Consumer commissions can award wider heads of damages, including for mental agony/harassment, and are a familiar forum for many lawyers
You cannot pursue the identical claim in both simultaneously to double-recover, but you can choose which to file in, or continue a case already pending in one
If your primary need is a refund with interest quickly, RERA is usually the faster route

Who this applies to: buyers, lawyers

Official / primary source: indiankanoon.org

The law behind it

M/s Imperia Structures Ltd v Anil Patni (2020)

The Supreme Court confirmed that RERA does not take away a buyer's right to also go to a consumer forum. Buyers can choose whichever forum — RERA or the Consumer Protection Act commissions — suits them, and can even continue a case already filed in a consumer forum instead of switching to RERA.

Civil Appeal Nos. 3581-3590 of 2020, Supreme Court of India · in force · source

M/s Imperia Structures Ltd. v. Anil Patni and Another

The Supreme Court settled a major doubt for homebuyers: RERA's existence does not shut the door on the older consumer protection remedy. A buyer can still go to a consumer forum for a builder's delay or deficiency, even after RERA came into force.

Civil Appeal No. 3581-3590 of 2020; [2020] 12 SCR 373 · in force · source

Imperia Structures v Anil Patni - RERA does not bar Consumer Protection Act remedy

The Supreme Court held that RERA is an additional remedy for home buyers, not a replacement for the Consumer Protection Act. Buyers can choose to file at a consumer forum instead of (or as well as) RERA, and complaints already pending before consumer fora when RERA came into force can continue there.

[2020] 12 SCR 373 · in force · source

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