⚖️ Bombay High Court | Legal Learning
🏛️ Ibrahim Babubhai Chokiya v. M/s. Westinrely Developers Pvt. Ltd.
Key Takeaway: Civil Courts Can Still Hear Certain Property Disputes Despite RERA
✅ Important Ruling:
The Bombay High Court held that Section 79 of the RERA Act does not completely bar the jurisdiction of Civil Courts.
A Civil Court can hear cases involving:
- Fraud
- Misrepresentation
- Suppression of material facts
- Disputes arising from development agreements
These issues are outside the scope of RERA authorities.
Another Important Finding:
In a redevelopment project, the original members of a housing society are not considered “allottees” under the RERA Act merely because they receive additional area as an incentive.
Legal Principle:
RERA mainly deals with disputes between promoters and allottees. Civil rights arising from contracts and development agreements can still be enforced before Civil Courts.
Judgment:
Ibrahim Babubhai Chokiya v. M/s. Westinrely Developers
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