$~55, 63,65,66,69,70,71,72,73 & 76

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) Nos. 850/2019, 856/2019, 858/2019, 859/2019, 860/2019,
861/2019, 862/2019, 863/2019, 864/2019 & 865/2019
TODAY HOMES & INFRASTRUCTURE PVT LTD ..... Petitioners
versus
PRAVEEN RAJPAL & ANR ..... Respondents
GAURAV AHUJA ..... Respondent
HARVEER SINGH & ANR ..... Respondents
ANIL KUMAR SHARMA & ORS .... Respondents
VIVEK MEHRA ..... Respondent
PREM HANDA ..... Respondent
JAI CHAND & ORS .... Respondents
DEVENDER KUMAR & ANR . .... Respondents
DEEPAK KUMAR KHAIRWAL ..... Respondent
PRADEEP SINGH ..... Respondent
Present: Mr. Rajiv Nayar, Sr. Advocate with Ms. Kanika Agnihotri,
Ms.Vidhi Agnihotri, Ms. Vidhi Agarwal, Advocates for
Petitioner.
None for the respondents
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 27.05.2019
CM APPL. 25784/2019 in CM(M) 850/2019
CM APPL. 25869/2019 in CM(M) 856/2019
CM APPL. 25887/2019 in CM(M) 858/2019
CM APPL. 25895/2019 in CM(M) 859/2019
CM APPL. 25950/2019 in CM(M) 860/2019
CM APPL. 25953/2019 in CM(M) 861/2019
CM APPL. 25970/2019 in CM(M) 862/2019
CM APPL. 25980/2019 in CM(M) 863/2019
CM APPL. 26026/2019 in CM(M) 864/2019
CM APPL. 26105/2019 in CM(M) 865/2019
Exemption allowed, subject to all just exceptions.
The applications are disposed of.
CM(M) 850/2019 and other connected matters page 1 of 3
CM(M) 850/2019 & CM APPL. 25783/2019
CM(M) 856/2019 & CM APPL. 25868/2019
CM(M) 858/2019 & CM APPL. 25886/2019
CM(M) 859/2019 & CM APPL. 25894/2019
CM(M) 860/2019 & CM APPL. 25949/2019
CM(M) 861/2019 & CM APPL. 25952/2019
CM(M) 862/2019 & CM APPL. 25969/2019
CM(M) 863/2019 & CM APPL. 25979/2019
CM(M) 864/2019 & CM APPL. 26025/2019
CM(M) 865/2019 & CM APPL. 26104/2019

1. Issue notice, returnable for 08.07.2019.

2. The issue raised in these petitions concerns the maintainability of
proceedings under the Consumer Protection Act, 1986 despite the enactment
of the Real Estate (Regulation and Development) Act, 2016. By an order
dated 15.04.2019, the National Consumer Dispute Redressal Commission
has held that the proceedings are maintainable. That order has been
followed in several of the orders impugned in these petitions.
3. Mr.Rajiv Nayar, Senior Advocate appearing on behalf of the
petitioners, states that order dated 15.04.2019 passed in CC No. 1764/2017
is the subject matter of a petition in this Court, being CM (M) 621/2019. By
an order dated 01.05.2019, in that petition, the Court directed as follows:-
“The learned senior counsel for the petitioner, in similar
petitions pending before this Court has raised a question of law
viz. whether on coming into force of Real Estate (Regulation
and Development) Act (“RERA‟) on 01.05.2017 the National
Consumer Disputes Redressal Commission (NCDRC) or the
other consumer fora are precluded from dealing with the
grievances of customers in relation to "ongoing projects" which
fall under RERA.
The learned senior counsel for the petitioner had
referred to Section 71 of the RERA which says if any complaint
is pending before any consumer fora then the consumer with
the permission of such forum may withdraw the complaint
CM(M) 850/2019 and other connected matters page 2 of 3
 pending before it and may file an application before the
authority under the Act. However section 79 bars the
jurisdiction of Courts to entertain any complaint since after the
Act has came into force, on 01.05.2017. It is alleged since the
impugned complaints were filed in April, 2018 and June 2018
hence per Section 79 it ought to have been filed before the
authority under the RERA as for fresh complaints filed after the
commencement of the Act, the NCDRC or other consumer fora
shall have no jurisdiction to entertain the same.
It is submitted by learned senior counsel for the
petitioner though this issue is pending before this Court,
however, vide order dated 15.04.2019 the National
Commission has finally decided this issue. Nevertheless the
connected petitions are coming up on 08.07.2019 hence this
matter shall also be taken up with such petitions on 08.07.2019.
Even otherwise, the file has been sent at this stage and it is
already 04.15PM. Be listed along with connected petitions on
08.07.2019 and in the meanwhile further proceedings in the
above, before the NCDRC be also kept in abeyance till the next
date.
Ordered accordingly.
Issue notice to the respondents by all modes returnable
for 08.07.2019.
Copy of the order be given dasti under signature of the
Court Master.”

4. In view of the above, these petitions also be listed on the date fixed
i.e., 08.07.2019, and further proceedings before the National Commission in
these cases are also kept in abeyance till the next date of hearing.
Order be given dasti under the signature of the Court Master.

PRATEEK JALAN, J
MAY 27, 2019/j/s

CM(M) 850/2019 and other connected matters page 3 of 3