A home buyer cannot do a forum shopping in regards to his complaint, he has to choose between MahaRERA or the the consumer forum.The MahaRERA held this view while dismissing a complaint of a home buyer who had filed a complaint at MahaRERA and also at consumer disputes redressal commission.The complainant a home buyer Deepak Tejwani, had filed a complaint with Maharashtra Real Estate Regulatory Authority, contending therein that he had booked a flat no. 506 in C-2, Siddhi project of the developer situated at Shahad, Kalyan.It is the grievance of the complainant that the developer Anil Chabria has not executed the agreement for sale of the said flat and register it. The respondent has also failed to inform him about the status of the construction.The developer then brought to the notice of MahaRERA, that the home buyer had filed CC no. 870 of 2017 before the Consumer Disputes Redressal Commission, Maharashtra State, Mumbai on 14.06.2017 in respect of same flat against the developer and one of the prayers of the said complaint is also regarding the execution and registration of the agreement for sale.”The complainant wants to ride on two horses at a time which is not permissible in view of Section 71 of the Real Estate (Regulation and Development) Act 2016. The complainant is at liberty to proceed with only one case, either the case before the Consumer Disputes Redressal Commission or MahaRERA.”When the complainant has been asked to choose one, he submits that if MahaRERA grants his relief in this complaint then he shall withdraw the complaint filed before the Consumer Disputes Redressal Commission. I find that the complainant cannot do a forum shopping, hence, this complaint is dismissed,” read the order passed by MahaRERA member BD Kapadnis.
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