The Doctrine of Election

Posted on by Rudrajyoti Nath Ray

An election of remedies arises when two concurrent remedies are available and the aggrieved chooses to exercise one, in which event he loses the right to simultaneously exercise the other for the same cause of action. Doctrine of Election was discussed in A.P. State Financial Corporation, (1994) 2 SCC 647; P.R. Deshpande, (1998) 6 SCC 507; National Insurance Co. Ltd., (2006) 2 SCC 641; Transcore, (2008) 1 SCC 125.

M/s. Imperia Structures Ltd. v. Anil Patni, (2020) 10 SCC 783 held, remedies under The Consumer Protection Act, 1986 were in addition to the remedies available under special statutes. The absence of a bar under Section 79 of The RERA Act, 2016, to the initiation of proceedings before a fora which is not a Civil Court, read with Section 88 makes the position clear. Section 18 of The RERA Act, 2016 specifies, remedies are ‘without prejudice to any other remedy available’.

– Hon’ble Justice Indu Malhotra, Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, [Civil Appeal No. 5785 of 2019].

_____

Also see, B.B. Patel v. DLF Universal Ltd., [Civil Appeal No. 1106 of 2009] decided on 25.01.2022.

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.