Consumer Commission or RERA? Choosing the right forum as a homebuyer

A buyer facing delayed possession or a defective flat generally has more than one forum available, and the decision is worth making deliberately rather than by default.

The real estate regulatory authority

The authority under the Real Estate (Regulation and Development) Act, 2016 is a specialised forum. It can direct completion, delivery of possession, interest for delay, and refund. It deals with registered projects and applies a statute written specifically for this transaction.

The consumer commission

Consumer forums apply the Consumer Protection Act, 2019 and can additionally award compensation for mental agony and litigation costs. Jurisdiction is determined by the value of the consideration paid.

How to choose

• if the primary relief sought is possession and delay interest, the regulatory authority is usually the more direct route;
• if compensation beyond interest is a significant part of the claim, the consumer forum may be preferable;
• if the project is unregistered, the consumer forum is often the practical option;
• parallel proceedings on the same cause of action should be avoided.

Before filing either

Assemble the allotment letter or agreement, the payment ledger, all written correspondence about the delay, and any acknowledgement by the promoter of a revised date. These documents decide the matter far more than the pleadings do.