Short answer: A homebuyer facing delayed possession can approach either UP RERA or a consumer commission; the Supreme Court held in 2020 that RERA does not bar consumer complaints. But the choice matters: in 2026 the Court held that buyers who first went to RERA could not later take the same grievance to the consumer forum. Decide on the forum before filing.
Both forums are open
In Imperia Structures Ltd. v. Anil Patni (2 November 2020), a bench of Justices U.U. Lalit and Vineet Saran held that Section 79 of the Real Estate (Regulation and Development) Act, 2016 bars only civil courts, and consumer commissions are not civil courts for this purpose. Section 88 saves other remedies, and the proviso to Section 71(1) recognises the allottee’s choice between consumer proceedings and RERA. The Court upheld the NCDRC’s order directing refunds with 9% simple interest and costs.
But the first choice can bind you
In Kabra and Associates v. Rekha Rajkumar Hemdev (order dated 4 February 2026, reported in March 2026), Justices Sanjay Kumar and K. Vinod Chandran set aside an NCDRC order that had entertained a consumer complaint. The buyers had first approached MahaRERA, which held the project did not need registration, and had withdrawn a refund complaint with liberty to refile before the Authority. Having chosen the RERA route, they could not pursue the same cause of action before the consumer forum, and the Authority’s earlier order bound the parties. The Court also said that the absence of project registration does not defeat the Authority’s jurisdiction.
Commentators note that the Court had earlier applied the doctrine of election in IREO Grace Realtech v. Abhishek Khanna (2021), and that Kabra treats even a withdrawn RERA complaint as an election.
How to choose
UP RERA deals only with real estate, holds the project’s registration and quarterly progress records, and can act at project level. Consumer commissions have long experience of refund and compensation claims, and commentators describe their enforcement tools as more robust, while RERA orders have been criticised as hard to enforce. The right choice depends on the relief sought, the number of buyers, the developer’s financial position and whether insolvency is likely. Where many buyers in one project are affected, a coordinated approach in a single forum usually avoids conflicting orders.
Related questions
Can I file before UP RERA and the consumer commission together?
Not for the same cause of action. After Kabra, the first forum chosen will generally bind the buyer for that grievance.
If I withdraw my RERA complaint, can I go to consumer court?
Kabra suggests not, where the withdrawal was with liberty to refile before the same Authority. A fresh claim on a genuinely different cause of action may stand on a different footing.
Can a civil court hear a delayed possession claim?
Section 79 of RERA bars civil courts from matters that the Authority or its adjudicating officer can decide. Consumer commissions are not covered by that bar.
Does RERA apply if the project was never registered?
In Kabra the Supreme Court said the absence of registration does not defeat the Authority’s jurisdiction.
Practical points
- Decide the forum before filing anything, including a short complaint or a withdrawal.
- Read the builder-buyer agreement for the promised possession date and compensation clause.
- Collect payment receipts, demand letters and correspondence on delay.
- Check the project’s UP RERA registration and quarterly progress reports.
- Consider whether a group complaint through the buyers’ association is more effective.
Sources: Outlook Business, 2 Nov 2020; LiveLaw Biz, 13 Mar 2026; Bar and Bench, 1 Jun 2026.
For a confidential discussion on UP RERA and homebuyer disputes, see Real Estate and RERA Lawyer, Greater Noida.
General legal information only; not legal advice or solicitation.
