Maya Singh 23 April 2022

Can a Police Complaint (F.I.R.) and Complaint at RERA go hand in hand?

Sirs,

In my case cheating has been done as the flat was sold by someone who is not the real owner. In this estate agent also in connivance with the builder duped me. This cheating was discovered after registration of complaint in MahaRERA in which the estate agent agreed to refund the amount as per consent terms signed but has defaulted in. Now should I lodge execution application in MahaRera or should I file Police Complaint? or both? Will MahaRERA adjudicate execution application while F.I.R. case also been lodged?

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5 Replies

anubhav Bhatt 23 April 2022

Both places you can approach for more clarity you may contact us then I'll elaborate properly.

G.L.N. Prasad (Retired employee.) 24 April 2022

RERA is an additional remedy, a complaint to the police is on criminal activity. A good advocate can guide you locally. If you want authentic information to seek such information online from RERA with an RTI fee of Rs.10. Information to be solicited: Please inform whether criminal complaints against the builder bar the petitioner from filing a complaint before RERA or vice versa and provide that specific rule that states that RERA is an additional remedy.

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Dr J C Vashista (Advocate) 24 April 2022

Separate laws / acts and rules apply and both the cases wherein both the cases are independant to each other and they can be proceeded concurrently.

Trivendra Sharma (Practicing Lawyer 9918411669) 24 April 2022

RERA is an additional remedy. It is not barred by any other Act/law. For detailed discussion on this subject please go through "Imperia Structure Ltd. vs. Anil Patni & Anr case.

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Maya Singh 08 May 2022

Basically in the Rera online application form a complainant has to give a declaration stating that no case is pending in any court pertaining to this issue. Now any court means a Criminal court as well right or not? So F.I.R. will come as a case pending in criminal court which then the Rera will not adjudicate? Right or not?