VAIKUNTH MULTISTATE CGHS LTD & ORS. vs MRS. KANTA RANI

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.05.2025 + C.R.P. 91/2025 VAIKUNTH MULTISTATE CGHS LTD & ORS. .....Petitioners Through: Ms. Kajal Dewan and Ms. Mehak Gupta, Advs. versus MRS. KANTA RANI .....Respondent Through: Mr. Bijendra Pratap Singh, Adv. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. This Court had after hearing the parties on 07.04.2025 passed a detailed order. The relevant extract of which is set out below: “7. The present Petition has been filed under Section 15(1) of the Code of Civil Procedure, 1908 (CPC) impugning the order dated 01.10.2024 [hereinafter referred to as “Impugned Order”] passed by learned ADJ-03, South-West District, Dwarka Courts. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioners was dismissed by the learned Trial Court. 8. It is the case of the Petitioners that the Plaint is barred under the provisions of Section 79 of the Real Estate (Regulatory and Development) Act, 2016 [hereinafter referred to as “RERA Act”] which expressly bars the jurisdiction of Civil Courts in respect of disputes between builders and buyers which fall under the RERA Act. 9. Learned Counsel for the Petitioners submits that entire plaint is in the nature of builder-buyer dispute. The Respondent has herself given the details of the project proposed by the Petitioners and the receipts of the payment made to the Petitioners are also annexed. He thus, submits any complaint or grievance against the builder is required to be entertained before the Authority appointed under the Signature Not Verified Digitally Signed C.R.P. 91/2025 Page 1 of 3 By:RAHUL Signing Date:23.05.2025 12:34:56 RERA Act. It is contended that the Civil Court has no jurisdiction to try an