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Section 88: Application of other laws not barred

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Section 87 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 89

Legal Commentary & Landmark Judgments: Section 88

Section 88 establishes the principle of statutory additionality, declaring that the provisions of RERA shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

  • Cumulative Remedy Principle: RERA provisions operate in addition to, and not in derogation of, any other prevailing laws.
  • Harmonious Coexistence: Permits allottees to pursue parallel or alternative remedies under the Consumer Protection Act, 2019, Insolvency and Bankruptcy Code, 2016 (IBC), and SARFAESI Act.
  • Non-Exclusive Statutory Relief: Homebuyers are not restricted solely to RERA; they can invoke Consumer Commissions for deficiency of service or NCLT for insolvency triggers.
  • Doctrine of Election: Allottee cannot recover double financial compensation for the exact same loss across multiple forums, but can choose the most efficacious statutory remedy.
Key Landmark Precedents:
  • Imperia Structures Ltd. v. Anil Patni, (2020) 10 SCC 783: The Supreme Court held that Section 88 explicitly preserves consumer remedies; an allottee may choose to approach either the Consumer Forum or RERA, and RERA registration does not oust Consumer Protection Act remedies.
  • Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: The Supreme Court ruled that Section 88 read with the IBC allows homebuyers to trigger insolvency proceedings as financial creditors under Section 7 IBC concurrently with RERA claims.
  • IREO Grace Realtech Pvt. Ltd. v. Abhishek Khurana, (2021) 3 SCC 241: Reaffirmed that allottees have concurrent statutory remedies, and proceedings initiated under Consumer Protection Act prior to RERA remain fully maintainable.
Courtroom Practice & Strategic Litigation Guidance:

Evaluate forum advantages: if the developer is in severe financial insolvency, file under Section 7 IBC at NCLT; if seeking speedy recovery and unliquidated damages, file under Consumer Protection Act; for project completion, escrow freezing, and regulatory penalties, file before RERA.

Section 87 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 89