Yes, a homebuyer can generally choose between RERA and the Consumer Commission, because both forums can provide remedies in builder-homebuyer disputes. However, the homebuyer should not pursue the same cause of action simultaneously in both forums.
Importantly, the Supreme Court’s March 5, 2026 ruling in Kabra and Associates v. Rekha Rajkumar Hemdev clarified that once a homebuyer elects to pursue a particular remedy under RERA, they cannot subsequently pursue the same dispute before a consumer forum. This is based on the principle against forum shopping.
In simple terms:
RERA: You can file a complaint for issues such as delayed possession, refund, interest, non-compliance with the sanctioned plan, or other violations covered by RERA.
Consumer Commission: You can also seek relief for deficiency in service, unfair trade practices, compensation, refund, etc., where the buyer qualifies as a consumer.
But don't file the same dispute in both forums: Once you have chosen one forum for the same cause of action, switching to or simultaneously pursuing the other forum can be barred.
Therefore, a homebuyer should carefully decide whether RERA or the Consumer Commission is more appropriate before filing the complaint, particularly because the choice of forum can have significant consequences.
