Can you file in RERA if case dismissed by limitation by NCDRC

848 votes

Yes, you can file an individual complaint under RERA. The NCDRC dismissal on limitation doesn’t stop you since it wasn’t on merits. Now that the project is under RERA (completion after 1.5.2017), you can seek relief individually.

Advocate Adarsh Kumar LawRato

679 votes

Yes, based on the facts you've shared, you can file an individual complaint under RERA, even though the earlier case was filed by the RWA and was dismissed by the National Consumer Disputes Redressal Commission (NCDRC) on grounds of limitation. Can You File a RERA Complaint Despite NCDRC Dismissal? Yes, you can. Here's why: Different Cause of Action: The dismissal by NCDRC was on account of limitation, not on merits. This does not bar you from filing a fresh complaint under a different statute (RERA), especially if: The project is now clearly held to be under RERA purview (as per the May 2025 judgment), and The grievance relates to obligations under RERA (e.g. delay in common area completion, lack of OC, etc.). RWA vs Individual Filing: The RWA (Resident Welfare Association) represents a group but your individual right as an allottee remains intact. There is no legal bar on an individual buyer filing a RERA complaint even if an RWA has previously filed a separate case

Advocate Aman Verma LawRato