RERA vs Consumer Court: Supreme Court Clarifies Limits of Homebuyers’ Legal Remedies
By Adv. Amarjeet Singh, Founder, PRAN – Policy Research Action Network Foundation
Case Citation
Case: M/s Kabra and Associates & Ors v Rekha Rajkumar Hemdev & Ors
Court: Supreme Court of India
Case Number: Civil Appeal No. 6936 of 2023
Bench: Justice Sanjay Kumar and Justice K. Vinod Chandran
Date of Judgment: 4 February 2026
Issue: Whether homebuyers who invoked the RERA remedy could later approach the Consumer Forum for the same dispute.
India’s real estate dispute resolution framework provides homebuyers with more than one legal remedy. Aggrieved buyers may approach either the Real Estate Regulatory Authority (RERA) under the Real Estate (Regulation and Development) Act, 2016 or the Consumer Courts under the Consumer Protection Act.
However, a recent ruling of the Supreme Court of India has clarified an important limitation: once a homebuyer elects to pursue a remedy under RERA for a dispute, they cannot later approach the Consumer Forum for the same cause of action.
The judgment reinforces the legal doctrine known as the Doctrine of Election of Remedies, which prevents litigants from pursuing multiple remedies sequentially for the same grievance.
The Case
The dispute arose between developer M/s Kabra and Associates and homebuyers Rekha Rajkumar Hemdev and others, who had purchased flats in the project developed by the appellant.
The homebuyers initially approached the Maharashtra Real Estate Regulatory Authority (RERA) alleging that the developer had failed to register the project under Section 3 of the RERA Act.
They subsequently filed another complaint under Section 18 of the RERA Act seeking refund of the amounts paid for their flats.
During the proceedings, however, the complainants withdrew their RERA complaint stating that they would file a fresh complaint before the Authority.
Instead of approaching RERA again, they later filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) in 2022.
NCDRC Decision
The NCDRC rejected the developer’s preliminary objection and held that the consumer complaint was maintainable. This order was subsequently challenged before the Supreme Court.
Supreme Court Ruling
The Supreme Court allowed the developer’s appeal and set aside the order of the NCDRC.
The Court held that where two concurrent remedies exist, the aggrieved party must elect one remedy. Once the complainants had invoked the RERA mechanism, they could not subsequently pursue the same dispute before the Consumer Forum.
Key Legal Ratio
- When two statutory remedies exist, the aggrieved party must elect one remedy.
- Once a homebuyer invokes the RERA remedy, the same dispute cannot later be pursued before the Consumer Forum.
- The doctrine of election prevents forum shopping and parallel litigation.
- The Court relied on the earlier precedent in Ireo Grace Realtech Pvt Ltd v Abhishek Khanna (2021) 3 SCC 241.
Doctrine of Election of Remedies
The Doctrine of Election is a well-established legal principle which states that when multiple remedies are available for the same cause of action, the aggrieved party must make a choice.
Once a party chooses one remedy, they generally lose the right to pursue another inconsistent remedy for the same dispute.
This doctrine aims to prevent:
- Forum shopping
- Parallel litigation
- Conflicting judicial decisions
RERA vs Consumer Court: Key Differences
| Feature | RERA | Consumer Court |
| Nature | Sector-specific regulator | Consumer protection forum |
| Focus | Project compliance & possession delay | Deficiency in service |
| Relief | Possession, refund, interest | Refund, compensation, damages |
Implications for Homebuyers
This judgment highlights the importance of choosing the correct legal forum before initiating litigation.
Homebuyers should carefully evaluate:
- The nature of the dispute
- The type of relief sought
- The most appropriate legal forum
While RERA may be more suitable for disputes involving possession delays or regulatory violations, Consumer Courts may be appropriate for claims involving compensation for deficiency in service.
However, once a buyer elects one forum, shifting to another forum later may not be legally permissible for the same dispute.
Policy Perspective
From a policy standpoint, the judgment discourages forum shopping and promotes more structured dispute resolution in the real estate sector.
At PRAN – Policy Research Action Network Foundation, we believe that greater legal awareness among homebuyers is essential to ensure that consumers exercise their rights effectively.
Conclusion
The Supreme Court’s ruling reinforces a clear legal principle: legal remedies are choices, not multiple attempts.
Homebuyers must therefore carefully evaluate whether their dispute should be pursued before RERA or Consumer Courts, because the first choice of forum may determine the entire course of the litigation.
Related Articles
- How to file a complaint before RERA
- Builder delay compensation rules
- Steps to claim refund from a builder
About PRAN Foundation
PRAN – Policy Research Action Network Foundation works to promote policy research, legal awareness, and consumer rights in areas affecting citizens’ everyday lives including housing, governance, and public services.
Visit: www.publicrightaction.org
Disclaimer: This article is for legal awareness and educational purposes only and does not constitute legal advice.
M/s Kabra and Associates & Ors v Rekha Rajkumar Hemdev & Ors Civil Appeal No. 6936 of 2023 – Supreme Court of India
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