West Bengal real Estate Appellate Tribunal dismisses complaint against promoter over simultaneous proceedings

KOLKATA: The West Bengal Real Estate Appellate Tribunal has dismissed a complaint by landowners against Ashok Dutta, proprietor of Sreeram Enterprise, citing that identical claims cannot be pursued in multiple legal forums simultaneously.The case arose from a development agreement signed on 17 August 2015 between Ashok Dutta and landowners, including Champak Bhattacharjee and four others, for a property at 10 Italgacha Road, Dum Dum, North 24 Parganas. The agreement involved the construction of three buildings.Disputes among co-owners over flat allocation caused delays and obstructions in the development process. Despite the completion of construction, unresolved issues led the complainants to file a case with the State Consumer Disputes Redressal Commission, West Bengal, earlier this year.

At the same time, they filed a similar complaint with the West Bengal Real Estate Regulatory Authority, seeking identical remedies.

Ashok Dutta challenged the maintainability of the complaint before the Regulatory Authority, arguing that simultaneous proceedings were not allowed. His application was initially rejected on 14 May 2025. Upon appeal, the Appellate Tribunal, led by Justice (retd) Rabindra Nath Samanta as chairman and administrative member Subrat Mukherjee, reviewed the facts and relevant Supreme Court precedents.

The Tribunal ruled that the complainants cannot pursue the same cause of action in both the Consumer Commission and the Regulatory Authority simultaneously. It set aside the Regulatory Authority's order and dismissed the complaint. However, it allowed the complainants to withdraw their case from the Consumer Commission and refile it with the Regulatory Authority if they choose, in accordance with the law.