---
title: "RERA CAN ENTERTAIN COMPLAINTS FILED BY HOME BUYERS AGAINST BANKS"
date: 2022-02-18
author: "Suresh Palav"
url: https://www.indialaw.in/blog/real-estate/rera-can-entertain-complaints-filed-by-home-buyers-against-banks/
---

# RERA CAN ENTERTAIN COMPLAINTS FILED BY HOME BUYERS AGAINST BANKS

Posted On - 18 February, 2022 •

By - [Suresh Palav](https://www.indialaw.in/people/suresh-palav/ "Posts by Suresh Palav") and [Shweta Tiwari](https://www.indialaw.in/people/shweta-tiwari/ "Posts by Shweta Tiwari")

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The Apex Court of the country reiterated in Union Bank of India vs Rajasthan Real Estate Regulatory Authority & Ors.1 that in case of conflict between the Real Estate (Regulation and Development) Act (“[RERA Act](https://en.wikipedia.org/wiki/Real_Estate_(Regulation_and_Development)_Act,_2016)**”)** and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI”), the former will prevail. The Court upheld the order of the Rajasthan High Court that Real Estate Regulatory Authority (“RERA”) can entertain complaints filed by the home buyers against banks, which took over possession of the property as secured creditor under SARFAESI.

A bench of Justices MR Shah and BV Nagarathna dismissed an appeal filed by Union bank of India, which questioned the authority of RERA to issue direction to financial institutions which took over secured property under SARFAESI. The case of the bank was that it is not amenable to jurisdiction of RERA since RERA can issue directions only against a promoter, allottee or a **[real estate](https://www.indialaw.in/blog/real-estae/)**agent. The bank being none of these entities, RERA cannot entertain any proceedings against the bank.  

This objections of the bank were turned down by RERA. Referring to the definition of promoter contained in Section 2 (zk) of RERA Act, the authority was of the opinion that the bank being an assignee of the promoter, would fall within the definition of the promoter. In the Appeal, the High Court held that:

i. RERA has the jurisdiction to entertain a complaint by an aggrieved person against the bank, as a secured creditor, if the bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act.  

ii. RERA would not apply in relation to the transaction between the borrower and financial institutions in cases where security interest has been created by mortgaging the property prior to the introduction of the Act unless and until it is found that the creation of such mortgage or such transaction is fraudulent or collusive.  

iii. Regarding the supremacy of the RERA Act, the High Court relied on the decision of the Supreme Court in case of Bikram Chatterji and Ors. Vs. Union of India and Ors. reported in 2019 19 SCC 161 where it was held that in the event of conflict between RERA and SARFAESI Act, the provisions contained in RERA would prevail.

The Apex Court upheld the view of the High Court

Disclaimer - This article is intended for general informational purposes and does not constitute legal advice. Readers should seek specific legal counsel in relation to their individual circumstances.

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# IndiaLaw LLP — Offices & Contact Details

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## General Contact

| | |
|---|---|
| **Website** | https://www.indialaw.in |
| **Primary email** | contact@indialaw.in |
| **Primary phone** | +91 836-9995919 |
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### 1. Mumbai — Registered Office & Head Office (Apeejay Chambers)

| | |
|---|---|
| **Address** | Apeejay Chambers, Ground Floor, Wallace Street, Fort, Mumbai – 400 001 |
| **Phone** | [022-6924-7400](tel:02269247400) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate · IP |
| **Notes** | The HQ. 5 partners based here. Handles PAN-India litigation, arbitration, corporate, banking, IP and real estate practice. Largest team across all offices. |

### 2. Mumbai — Non-Litigation Office (Excelsior, Fort)

| | |
|---|---|
| **Address** | 4th Floor, New Excelsior Theatre Pvt. Ltd., Amrit Keshav Nayak Marg, Fort, Mumbai – 400 001 |
| **Phone** | [022-697-40500](tel:022-697-40500) |
| **Email** | contact@indialaw.in |
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| **Practice focus** | Non-litigation only — consultations, negotiations, transactional work |
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| | |
|---|---|
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| **Page** | https://www.indialaw.in/delhi/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate |
| **Notes** | 3 partners based here. Located near the Supreme Court of India, Delhi High Court and other appellate bodies. |

### 4. Kolkata

| | |
|---|---|
| **Address** | Centre Point Building, Room No. 214, 2nd Floor, Premises No. 21, Hemanta Basu Sarani, Opp. Great Eastern Hotel, P.S. Hare Street, Kolkata – 700 001, West Bengal |
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| **Page** | https://www.indialaw.in/kolkata/ |
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### 5. Chennai

| | |
|---|---|
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| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
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| | |
|---|---|
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| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate · Family Laws · Labour |
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| | |
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| | |
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| | |
|---|---|
| **Address** | No. 16 & 17, Silver Offices, 17th Floor, Wave One, Sector 18, Noida – 201 301 |
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| **Page** | https://www.indialaw.in/noida/ |
| **Practice focus** | Aviation · Insurance · Mergers & Acquisitions · Corporate |
| **Office head** | **Mr. Dinesh Gupta** (joined August 2025 to lead and expand the corporate practice) |
| **Notes** | Newest office. Sector-focused on highly regulated industries serving NCR-based clients. |

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## Quick-Dial Phone List

| Office | Phone |
|---|---|
| Mumbai HO (Apeejay) | 022-6924-7400 |
| Mumbai Excelsior | 022-697-40500 |
| Kolkata | +91 33 4813 1001 |
| Bengaluru | 080-4167-2444 |
| Hyderabad | 040-6666-5166 |
| Cochin | 0484-3583961 |
| **General / Marketing line** | **+91 836-9995919** |

Delhi, Chennai and Noida route through the general number.

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