Consumer Protection Act, 1986 – s.23 – Real Estate(Regulation and Development) Act, 2016 (RERA Act) – ss.18,79and 88 – Applicability and effect of the RERA Act – A housingscheme was launched by appellant in 2011 – The respondents-complainants had booked apartments – The appellant had executedBuilder Buyer Agreement dated 30.11.2013 with each of therespondents – On 01.05.2016, the Real Estate (Regulation andDevelopment) Act, 2016 came into force – A considerable amountwas paid by the respondents for their booked apartments – However,even after four years there were no signs of the project gettingcompleted – In 2017, the respondents filed consumer cases beforethe National Consumer Disputes Redressal Commission – TheCommission concluded that the appellant was deficient in renderingservice and all the complaints were allowed by granting relief ofrefund of the amounts deposited by each of the complainants withsimple interest @ 9% p.a. from the respective dates of deposits withRs. 50,000/- towards costs – Aggreived, the appellant filed appealbefore the Supreme Court – The appellant contended that therespondents were not ‘consumers’ within the meaning of theConsumer Protection Act – Further, once the RERA Act, came intoforce all questions concerning the project including issues relatingto construction and competition thereof, would be under theexclusive control and jurisdiction of the authorities under the RERAAct – The Commission, therefore, ought not to have entertained theconsumer cases – Held: The Commission had concluded that; (i) allthe complainants were ‘consumers’ within the meaning of the Actand that; (ii) there was delay on part of the appellant in completingthe construction within time – The conclusions drawn by the NationalCommission were absolutely correct and do not call for anyinterference – As far as applicability and effect of the RERA Act isconcerned, s.79 of the RERA Act bars jurisdiction of a Civil Courtto entertain any suit or proceeding in respect of any matter whichthe Authority or the adjudicating officer or the Appellate Tribunalis empowered under the RERA Act to determine – It is settled lawthat the proceedings before the National Commission are althoughjudicial proceedings, but at the same time it is not a Civil Courtwithin the meaning of the provisions of the CPC – Thus, s.79 of theRERA Act does not in any way bar the Commission or forum underthe provisions of the Consumer Protection Act to entertain anycomplaint – Further, s.88 specifies that the provisions of the RERAAct would be in addition to and not in derogation of the provisionsof any other law – Also, s.18 itself specifies that the remedy underthe said section is ‘without prejudice to any other remedy available’– Thus, the parliamentary intent is clear that a choice or discretionis given to the allottee whether he wishes to initiate appropriateproceedings under the Consumer Protection Act or file an applicationunder the RERA Act – Therefore, all the respondents are entitled toexecute the order passed by the Commission in their favour.