Sections 79 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter X begins with two jurisdiction provisions. Section 79 closes the civil court's door on any matter the Authority, the adjudicating officer or the Appellate Tribunal is empowered to determine, and bars injunctions in respect of action taken under the Act. Section 80 says that a court can take cognizance of an offence only on a written complaint by the Authority or its authorised officer, and that only a Metropolitan Magistrate or a Judicial Magistrate of the first class can try it. If you are deciding where a dispute belongs, our legal dispute resolution team can help.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority, the adjudicating officer or the Appellate Tribunal is empowered by or under the Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under a power given by the Act (79). No court shall take cognizance of an offence under the Act or its rules or regulations save on a complaint in writing by the Authority or an officer duly authorised by it (80(1)); no court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence (80(2)).
Sections 79 and 80 at a glance
| Provision | Subject | Key point |
|---|---|---|
| 79 | Civil suits | No civil court jurisdiction over matters the Authority, adjudicating officer or Appellate Tribunal is empowered to determine |
| 79 | Injunctions | None by any court or other authority in respect of action taken or to be taken in pursuance of a power under the Act |
| 80(1) | Cognizance | Only on a written complaint by the Authority or an officer duly authorised by it |
| 80(2) | Trial | Not by a court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class |
Section 79: civil courts kept out
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
Two limbs.
- No suit or proceeding on a matter which the three bodies are empowered by or under the Act to determine. The test is whether the matter falls within what the Act empowers them to decide, such as the refund and compensation under sections 18 and 19 or complaints under section 31. See our article on section 31.
- No injunction by "any court or other authority" for action taken or to be taken under the Act. Note the phrase "other authority": it is wider than courts.
What it leaves open. Section 79 speaks of civil courts. The Act provides its own appeal route: to the Appellate Tribunal (section 44) and then to the High Court (section 58); see our article on section 44 and our article on section 58. Orders of the Tribunal are executable as decrees under section 57, in a civil court if transmitted; see our article on sections 56 and 57. Section 79 does not mention these.
How it sits with other laws. Section 88 says that the Act is "in addition to, and not in derogation of" other laws. Section 89 gives the Act overriding effect. The text does not say how sections 79, 88 and 89 combine for a buyer who might also approach a consumer forum; see our article on sections 87 and 88 and RERA vs Consumer Forum. We do not resolve that here.
Section 80(1): who can start a prosecution
"No court shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder save on a complaint in writing made by the Authority or by any officer of the Authority duly authorised by it for this purpose."
What follows from this:
- Only the Authority (or its authorised officer) can set a prosecution in motion. An allottee, an agent or a competitor cannot go directly to a criminal court for an offence under the Act.
- The complaint must be in writing.
- It covers offences under "this Act or the rules or regulations made thereunder".
- The Authority can delegate the power. Section 81 allows delegation to a member, officer or other person; see our article on sections 81 to 83. The authorisation here is "duly authorised by it for this purpose".
An allottee who is aggrieved by a promoter's disobedience of an order should therefore bring the matter to the Authority, which decides whether to complain. The text does not say what happens if the Authority declines to file.
Section 80(2): which court tries
"No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act."
So the trial is before a Metropolitan Magistrate or a Judicial Magistrate of the first class, or a court above that rank. The text does not say which court hears which offence, or how the offences punishable with imprisonment up to three years are allocated.
| Offence under the Act | Punishment | Court that may try (80(2)) |
|---|---|---|
| Section 59(2) | Up to three years, or fine, or both | Metropolitan Magistrate or Judicial Magistrate of the first class, or above |
| Section 64 | Up to three years, or fine, or both | Same |
| Sections 66 and 68 | Up to one year, or fine, or both | Same |
Compounding of these offences is by the court under section 70; see our article on section 70. For companies, see our article on section 69.
Example. A promoter ignores a Tribunal order. The allottee cannot file a criminal complaint on his own under the Act. The Authority, or an officer it has authorised in writing, lodges a written complaint. The case is tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class. Meanwhile, the allottee cannot sue in a civil court for a matter that the Authority or Tribunal can decide, and cannot obtain an injunction against the Authority's action.
Need help choosing the right forum?
The bar in section 79 means that a suit filed in the wrong place can be wasted time. We can read your dispute, identify whether it falls within the Authority's, the adjudicating officer's or the Tribunal's powers and plan the filing. Contact legal dispute resolution.
Key takeaways
- Civil courts cannot entertain matters the Authority, adjudicating officer or Tribunal is empowered to determine.
- No court or other authority can grant an injunction against action under the Act.
- Criminal courts take cognizance of offences only on a written complaint by the Authority or its authorised officer.
- Trial lies before a Metropolitan Magistrate or Judicial Magistrate of the first class or higher.
- The Act does not say what happens if the Authority declines to file a complaint.
Read next
- Sections 81 to 83: delegation, supersession of the Authority and Government directions
- Section 70: compounding of offences
- RERA vs Consumer Forum: Where to File
- RERA Complaint Process: How to File Online
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.