Can a builder case under NCLT be transferred to RERA is it possible

842 votes

No. There is no provision for transfer. Rather you may institute a parallel case in the RERA besides the NCLT pending case. ..

LawRato LawRato

810 votes

First of all, I would like to apprise many ambiguities in your question like whether you are a home buyer or a secured debtor as question is that the complaint to be transferred has been filed to NCLT in what capacity as buyers of a flat or a secured debtor ( a buyer is not a secured debtor (recently SC has stayed insolvency proceedings ordered by NCLT against Jaypee infra) so they cannot initiate insolvency petition under insolvency and bankruptcy Act and if you are a secured debtor you can not move to RERA. Also matter related to status of homebuyers as a secured debtor is subjudice I.e. Supreme Court is considering the matter.)
Secondly, please clarify that you mean NCLT and not NCDRC ( National Consumer Disputes Redressal Commission)
Thirdly, RERA and related rules has to be notified by respective government so please provide the state to which matter is related to.

Now assuming that you mean NCDRC and you are a homebuyer then answer to your question is in affirmative i.e. u can file a fresh complaint to RERA if your state government has notified it and provided for such provision.
But if I assume that you mean NCLT and you are a homebuyer then how come you have moved to NCLT and your related right as homebuyer under company acts and insolvency and bankruptcy act is not of secured debtor but as I have already mentioned that it will be clear after Supreme Court judgement. So you still has option to move to RERA under its provision but as NCLT and RERA deal under different laws and both has clauses to enable them to operate in different area so matter is little complex.

Advocate Mukesh Kumar Mishra LawRato