The "Doctrine of Election": A 2026 Legal Milestone
In the February 2026 ruling M/s Kabra and Associates v. Rekha Rajkumar Hemdev, the Supreme Court clarified that forum selection in homebuyer disputes carries real finality.
- Finality of choice: Once a homebuyer invokes RERA and an order is passed, or even withdraws with liberty to refile, the same dispute cannot then be taken to the Consumer Court or NCDRC.
- Strategic advisory: We assess at the outset whether RERA is the stronger route for possession-focused relief or whether Consumer Court strategy is preferable where a claimant seeks broader compensation.
