Deal same case before Consumer Forum, Rera with iron hand: HC

NT Correspondent

Bengaluru: The High Court of Karnataka has said that the issue of filing two separate cases seeking the same relief before two separate forums should be “visited with an iron hand.”

The Court was hearing an appeal filed by the Ms Software Engineers and Doctors Housing Co-operative Society against the order of the Karnataka Real Estate Regulatory Authority (Rera).

Rera had ordered the Society to refund with interest the money paid by Ajay Kumar, a member who had been allotted a site. When the Society preferred an appeal, it was told to deposit the amount for the appeal to be heard.

The Society challenged this in the High Court. The counsel for the promoter Society submitted that the claim itself was not maintainable in view of the fact that the claimant (Ajay Kumar) is a member of the society.

It was also claimed that Ajay Kumar was comfortable with the price originally fixed but when it was revised in 2014 he defaulted and three years later attempted to wriggle out of the contract.

The HC however dismissed the Society’s appeal and said “These are issues that relate to the merit of the appeal, which we do not intend to enter upon and adjudicate at the present stage and the same is let to be adjudicated by the competent forum. In view of the above, appeal stands dismissed as not maintainable.”

While the Society’s appeal was dismissed, the HC said that the attempt of the complainant to maintain two cases in two different forums had to be dwelt with. Before he filed a case before Rera, Kumar had also filed a complaint before a Consumer Forum.

“In our considered opinion, the same amounts to abuse of the due process. The proceedings result in consequences and it is settled law that a party cannot maintain proceedings parallelly for a similar relief. It is high time that parties should be made aware that such abuse of the process would not be condoned by the Courts and the same is liable to be visited with an iron hand,” the HC said.

The Society was at liberty to raise the issue before Rera, the HC said. “The pendency of the complaint (before Consumer Forum) goes to the very root of the matter, which the authority appears to have glossed over and lost sight of.

The very maintainability falls into question. It is unfortunate that the authority has lost sight of such a fundamental issue. Accordingly, the issues are left open to be considered by the appropriate forum,” the HC said disposing the appeal. (RERA Appeal 23/2023)