“REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”
AUTHOR – ADV. MAHESH MILIND RAMPURKAR, LLM II YEAR , SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE
BEST CITATION – ADV. MAHESH MILIND RAMPURKAR, “REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.771-777, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
One should not wait until the dream of owning a home turn into a nightmare of endless delays. Be sure that the consumer has equal protection under both the Consumer Protection Act and the Real Estate (Regulation and Development) Act, 2016 (RERA). (History) Before the enactment of RERA in 2016, homebuyers mainly depended on the Consumer Protection Act, 1986 to seek justice against unfair trade practices and project delays. The consumer forums became the primary redressal bodies for aggrieved homebuyers. (Present Status) With the coming of RERA, the aim was to bring transparency, accountability, and speed in resolving disputes related to real estate. However, the overlap of remedies under the Consumer Protection Act, 2019 and RERA has raised legal confusion. Buyers are often unsure whether to approach consumer forums or RERA authorities for relief. (Short Explanation) Real estate contracts and project timelines are at the core of consumer interest. Delayed possession, misleading advertisements, and non-compliance by developers lead to heavy financial and emotional loss. While RERA provides for registration of projects and specific timelines, the Consumer Protection Act continues to entertain complaints, creating jurisdictional conflicts. (Research Problem) Whether the remedies under both laws can be pursued simultaneously or whether one excludes the other is still debated. This overlap leads to conflicting judgments, forum shopping, and prolonged litigation, defeating the very purpose of speedy justice. (Hypothesis) Harmonious interpretation of both laws and clear guidelines on jurisdiction will help minimize confusion, delays, and multiplicity of proceedings. (Possible Reform) There must be clarity in law that specifies the scope of each statute. A common platform for redressal, strict adherence to timelines under RERA, and uniform enforcement of judgments can protect the rights of consumers more effectively. (Aim and Objective) The researcher has undertaken this topic to study the real estate delays in India, analyse the remedies available under both the Consumer Protection Act and RERA, and evaluate the overlap and conflict between the two in order to suggest reforms for better consumer protection.
Key Words – Real Estate, Consumer Protection Act, RERA, Homebuyers, Jurisdiction, Delay