Conflicting decisions from consumer panels heighten misery of home buyers

The bill was touted as a key reform measure in the vast real estate sector. Amid the flurry of legal battles, the home buyers are demanding a uniform judgment from different benches of the National Consumer Disputes Redressal Commission (NCDRC).

Two complaints against Supertech Limited and Jaiprakash Associates Limited emphasised the conflicting decisions of different benches of NCDRC. In 2015, a consumer complaint (Complaint No. 1290) filed by 26 persons against Supertech Limited, was rejected by a Bench of NCDRC, as it observed that each of the complainants booked their respective flats under a separate agreement. Further, the flats were of different sizes and total cost of each flat was between Rs. 7,31,781/- to Rs. 26, 70, 759/-.

On the other hand, in a complaint (Complaint No. 1479) by 10 persons against Jaiprakash Associates Limited in the same year, another Bench of this Commission granted permission to proceed with the case.

In the view of the above conflicting decisions of the two- member benches of this Commission, the complainants moved to a larger bench comprising Justice DK Jain, Justice VK Jain and a member of NCDRC, Dr BC Gupta under Fight for RERA, which is an association and  movement for passing the Real Estate Regulator Bill.

According to Abhay Upadhyay, National convener, Fight for RERA, there are many reasons for this collective legal action against builders. Merely 10 to 15 per cent of home buyers prefer legal route against their builders that also because option of collective legal action is available before them. 

If this option is taken away, then not even 1 per cent of the consumers would take the legal route. In other words, 99 per cent of consumers will be at the receiving end of unscrupulous builders.