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Can a RERA Complaint and Civil Suit Run Simultaneously in Ahmedabad?

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(@hemant rathore)
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[#5215]

I have filed a complaint before GujRERA against my builder and also filed a civil suit for possession. My builder's lawyer is arguing that both proceedings cannot run together. Can a GujRERA complaint and a civil court suit be maintained simultaneously for the same property dispute, specifically for a property situated in Maninagar, Ahmedabad?


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(@advocate-mudit-pratap)
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Yes, a RERA complaint and a civil suit can generally run simultaneously in Ahmedabad, and understanding how these two forums interact is important for anyone dealing with a builder or developer dispute, since choosing the right combination of remedies can significantly affect the speed and effectiveness of your resolution. The Real Estate (Regulation and Development) Act, 2016 (RERA), establishes the Gujarat Real Estate Regulatory Authority (GujRERA) as a specialised forum for disputes specifically relating to registered real estate projects — covering issues like delayed possession, construction quality, and non-disclosure of project details — and complaints before GujRERA are generally faster and more accessible than full civil litigation.

Under Section 79 of the RERA Act, 2016, civil courts are barred from taking cognizance of matters that RERA or the Real Estate Appellate Tribunal is empowered to determine under the Act — meaning for matters specifically falling within RERA's jurisdiction (such as refund claims for delayed possession under Section 18, or compensation for specific promoter defaults), a civil suit covering exactly the same relief is generally not maintainable, and RERA is intended to be the exclusive forum for those particular issues.

However, this bar under Section 79 is specific to matters RERA is empowered to decide — it does not oust civil court jurisdiction over broader property disputes involving title, ownership, boundary disputes, or matters between parties who are not in a promoter-allottee relationship under RERA. This means a civil suit concerning the underlying land title dispute (such as a dispute over whether the builder actually had valid title to develop the project) can proceed in civil court, while a RERA complaint specifically addressing delayed possession or refund can proceed simultaneously before GujRERA, since these address genuinely distinct legal questions even if they arise from the same broader project dispute.

Courts and RERA authorities generally coordinate to avoid genuinely overlapping findings on the same precise issue, and where there is real overlap, one forum may choose to await the other's decision on that specific point, though this is handled case by case rather than through a blanket rule preventing parallel proceedings.

Given how much strategic value there is in correctly identifying which issues belong before RERA versus the civil court, and pursuing both effectively where appropriate, professional guidance genuinely helps maximise your available remedies. For representation before Ahmedabad's courts and GujRERA, the Top Property Lawyers in Ahmedabad | Aapka Legal Advice directory can connect you with suitable counsel, and our legal experts at Aapka Legal Advice can help you plan the right combined strategy.

In conclusion, yes, a RERA complaint and a civil suit can run simultaneously in Ahmedabad where they address genuinely distinct issues — RERA handling promoter-allottee matters like delayed possession and refunds under Sections 18 and 79, and civil courts retaining jurisdiction over broader title and ownership questions.


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