Section 79 of RERA : Section 79: Bar Of Jurisdiction

Explanation using Example

Example Application of Section 79:

Imagine Mr. Sharma has purchased an apartment in a new residential project. However, the developer delays the possession beyond the agreed timeline. Mr. Sharma wants to take legal action against the developer. Under The Real Estate (Regulation and Development) Act, 2016, disputes of this nature are to be handled by the Real Estate Regulatory Authority or the adjudicating officer appointed under the Act.

Mr. Sharma decides to file a lawsuit in a civil court seeking compensation for the delay. However, according to Section 79, the civil court does not have the jurisdiction to entertain this suit since the Real Estate Authority is empowered to address such matters. Consequently, the court dismisses the case, advising Mr. Sharma to approach the appropriate Real Estate Regulatory Authority for his grievance as per the Act.