No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

The Gauhati High Court held that despite the availability of remedies under the Real Estate (Regulation and Development) Act (RERA Act), arbitration can still be invoked to resolve real estate disputes if there is an arbitration agreement between the parties. It cited the Supreme Court's doctrine of election from Vidya Drolia v. Durga Trading Corporation, emphasizing that arbitration can be chosen as a dispute resolution method unless there's inconsistency with mandatory statutory provisions. The dispute involved claims for interest on delayed possession under the RERA Act. The High Court applied a fourfold test from Vidya Drolia to determine arbitrability, finding the dispute suitable for arbitration. It appointed Justice (Retired) H.N. Sarma as the sole arbitrator to adjudicate the matter, respecting the parties' agreement to resolve disputes via arbitration.