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Got a problem with your builder? You can only complain in one place
Got a problem with your builder? You can only complain in one place — Choose carefully
If your builder has cheated you, you can complain either at RERA or the Consumer Forum but not both. The Supreme Court has made this clear. Many homebuyers make the mistake of trying one, failing, and then running to the other. That door is now shut. So before you file, think hard and choose the right place the first time.
New Delhi: If your builder hasn't given you your flat on time, you have two places where you can file a complaint — RERA (the real estate regulator) or the Consumer Forum. But here's the catch the Supreme Court just made crystal clear: pick one and stick with it. You cannot try your luck at one, and then quietly sneak over to the other if things don't go your way.
What Actually Happened
A couple from Maharashtra — Rekha and Raj Kumar Hemadev — had a dispute with their builder, M/s Kabra and Associates. They first went to MahaRERA. That didn't quite work out. So they tried to walk into the Consumer Forum next. The National Consumer Disputes Redressal Commission (NCDRC) initially said, sure, come on in. But the Supreme Court stepped in and said — no. Once you've started down one road, you can't switch lanes for the same complaint.
So What's the Rule Now?
Think of it like choosing a restaurant. Once you've sat down and ordered, you can't suddenly get up and go to another restaurant and order the same meal. That's essentially what the court is saying. If you've already gone to RERA for your grievance, the Consumer Forum is now off the table for that same issue — and vice versa.
Then Which One Should You Pick?
This depends on your specific situation. Here's a plain-English breakdown:
Go to RERA if:
Your complaint is about the builder not following the rules — delayed possession, construction not matching what was promised, or any violation of the RERA agreement.
You don't have a strict time deadline. RERA has no fixed time limit for filing a complaint.
You want a faster, more straightforward process. RERA complaints follow a fixed format and are usually resolved within 60 days.
Go to the Consumer Forum if:
Your complaint is more than two years old — actually wait, you can't go to Consumer Forum if it's been over two years since the problem occurred. So if time has slipped by, RERA is your only option.
You're looking for financial compensation beyond just possession — and you want to present detailed evidence to strengthen your case. Your property is worth more than Rs 10 crore — in that case you can directly approach the NCDRC, skipping district-level forums.
One Thing That Hasn't Changed
Earlier rulings had said that both RERA and the Consumer Forum can run at the same time — but only if you're asking for different things from each. For instance, asking RERA to ensure the builder completes the project, while asking the Consumer Forum for financial compensation. But if you're asking both for the same thing — say, a full refund — then you must choose one and drop the other.
Bottom Line
The Supreme Court's message is simple: the law gives you a choice, not a second chance. Think carefully before you file. Talk to a lawyer if you're unsure, because once you commit to one forum for a particular complaint, that decision is final.
This is a general explainer and not legal advice. For your specific situation, consult a qualified advocate.
Source: ZeeNews
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