Appellant / Complainant
Rohit Kumar Mishra
Respondent
M I Builders Private Limited
m i builders private limited
₹72,06,998
Respondent
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126000242022 by Rohit Kumar Mishra against M I Builders Private Limited before up_rera.
Hearing
The Tribunal dismissed the appeal because the project was completed before the RERA Act's enforcement and thus not subject to its jurisdiction; however, the Tribunal issued a stern directive to the RERA Chairman to investigate the Regulatory Authority for passing a mechanical order that failed to address the complainant's specific prayer.
Hearing
The court granted an adjournment requested by the appellant's counsel and scheduled the matter for hearing on 18.09.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the next hearing for 27.07.2023.
For Order
The Tribunal has scheduled the appeal for a hearing on 06.04.2023 following an update from the appellant's counsel that the matter is ripe for hearing.
For Order
The Tribunal adjourned the proceedings to 01.03.2023 and issued a warning to the respondent's counsel to formally upload adjournment applications with reasons in the future.
For Order
The Tribunal adjourned the proceedings due to the absence of the respondent's counsel and scheduled the appeal for a hearing on 30.01.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for a hearing on 28.11.2022.
Hearing
The court granted a request from both counsels for more time to seek instructions from their clients and adjourned the matter to 21.10.2022.
Exchange of pleadings
The Tribunal noted that pleadings have been exchanged and directed the parties to submit a list of dates, events, and relied-upon judgments before the next hearing date.
Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 14.09.2022.
Hearing
The Tribunal adjourned the appeal due to the absence of the Appellant and scheduled the matter for hearing on 17.08.2022.
Hearing
The Tribunal adjourned the proceedings to 05.08.2022 due to the illness of the appellant's counsel and noted preliminary objections raised by the respondent regarding the maintainability of the appeal.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a medical exigency and rescheduled the hearing for August 1, 2022.
to file objections and its reply
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for May 30, 2022.
to file objections and its reply
The Tribunal granted the respondent a two-week extension to file objections and a vakalatnama, with a warning that the matter may proceed ex parte if they fail to comply by the next hearing on 16.05.2022.
to file objections and its reply
The Tribunal granted the respondent two weeks to file objections to the appeal and directed both parties to upload their pleadings to the e-portal, scheduling the next hearing for 25.04.2022.
Defect Removal
The Tribunal ruled that the appeal was filed within the limitation period, directing the Registry to convert the defective appeal into a regular appeal and issuing notice to the respondent.
Defect Removal
The Tribunal granted the appellant three days to rectify procedural defects, including unreadable annexures and a defective vakalatnama, and scheduled the matter for hearing on 09.03.2022.
Tribunal Order #0901126000242022-18-09-2023
The Tribunal dismissed the appeal because the project was completed before the RERA Act's enforcement and thus not subject to its jurisdiction; however, the Tribunal issued a stern directive to the RERA Chairman to investigate the Regulatory Authority for passing a mechanical order that failed to address the complainant's specific prayer.
Tribunal Order #0901126000242022-09-03-2022
The Tribunal ruled that the appeal was filed within the limitation period, directing the Registry to convert the defective appeal into a regular appeal and issuing notice to the respondent.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal because the project was completed before the RERA Act's enforcement and thus not subject to its jurisdiction; however, the Tribunal issued a stern directive to the RERA Chairman to investigate the Regulatory Authority for passing a mechanical order that failed to address the complainant's specific prayer. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal because the project was completed before the RERA Act's enforcement and thus not subject to its jurisdiction; however, the Tribunal issued a stern directive to the RERA Chairman to investigate the Regulatory Authority for passing a mechanical order that failed to address the complainant's specific prayer.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of payment made by the appellant till the date of its payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rishi Saxena
Respondent Advocate(s)
- Manu Dixit
- Azhar Ikram
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeal because the project was completed before the RERA Act's enforcement and thus not subject to its jurisdiction; however, the Tribunal issued a stern directive to the RERA Chairman to investigate the Regulatory Authority for passing a mechanical order that failed to address the complainant's specific prayer.
The Tribunal ruled that the appeal was filed within the limitation period, directing the Registry to convert the defective appeal into a regular appeal and issuing notice to the respondent.
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