up_reraStatus: Completed
CASE ID: 0901126001312019

Appellant / Complainant

Manoj Kumar

VS

Respondent

Mahaluxmi Realtech Pvt. Ltd.

Developer Firm

mahaluxmi realtech pvt. ltd.

Disputed Amount

1,52,000

Disposal Award

Respondent

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Legal Issues & Claims Raised

Unfair Cancellation & Forfeiture

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

25 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126001312019 by Manoj Kumar against Mahaluxmi Realtech Pvt. Ltd. before up_rera.

Unfair Cancellation & Forfeiture
2
Stage 119/11/2022

Final Hearing

The Tribunal upheld the decision of the Regulatory Authority, ruling that the respondent/builder was justified in forfeiting the earnest money due to the appellant's default in installment payments.

3
Stage 209/11/2022

Hearing

The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a final hearing on December 1, 2022.

4
Stage 310/10/2022

Hearing

The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for November 9, 2022.

5
Stage 409/09/2022

Hearing

No text available.

6
Stage 510/08/2022

Hearing

The Tribunal noted the absence of the respondent's counsel and adjourned the matter to 09.09.2022 for final hearing.

7
Stage 601/07/2022

Hearing

This text represents the header/caption of an appeal (APPEAL-998/2021) before the U.P. Real Estate Appellate Tribunal involving Manoj Kumar versus Mahaluxmi Realtech Pvt. Ltd., but contains no substantive ruling or directive.

8
Stage 727/04/2022

Hearing

The Tribunal directed the respondent to file written submissions before the next hearing and scheduled the appeal for further hearing on 01.07.2022.

9
Stage 816/03/2022

Hearing

The Tribunal directed the appellant to file a list of dates, events, and relied-upon judgments, and scheduled the next hearing for April 27, 2022.

10
Stage 928/02/2022

Hearing

No text available.

11
Stage 1016/12/2021

Delay condonation

The Tribunal disposed of the limitation application, ruling that the appeal was filed within time due to a correction in the impugned order's flat cost; consequently, the Registry is directed to register the case as a regular appeal.

12
Stage 1123/11/2021

Delay condonation

The Tribunal granted an adjournment requested by the parties and scheduled the case for 16.12.2021 to dispose of the limitation application and objections.

13
Stage 1202/11/2021

Hearing

The Tribunal directed the respondent to serve a copy of their objection via email to the applicant and set a timeline for the filing of replies and document uploads before the next hearing on 23.11.2021.

14
Stage 1301/10/2021

Delay condonation

The Tribunal granted an adjournment request due to the counsel's illness and directed the parties to exchange pleadings and file originals in the Registry before the next hearing on 02.11.2021.

15
Stage 1420/09/2021

Delay condonation

The Tribunal adjourned the matter to 01.10.2021 as no parties were present during the hearing.

16
Stage 1523/04/2021

Delay condonation

No text available.

17
Stage 1608/04/2021

Delay condonation

No text available.

18
Stage 1712/03/2021

Delay condonation

The Tribunal granted a request for a passover by the respondent's counsel and rescheduled the matter to 08.04.2021.

19
Stage 1819/02/2021

For Order

The Tribunal directed the appellant to file a reply to the respondent's objections regarding the application for condonation of delay within ten days and scheduled the matter for hearing on 12.03.2021.

20
Stage 1925/01/2021

Notice

The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent week allowed for the applicant's reply.

21
Stage 2007/01/2021

Notice

No text available.

22
Stage 2104/12/2020

Notice

No text available.

23
Stage 22Final Ruling Order

Tribunal Order #0901126001312019-19-11-2022

The Tribunal upheld the decision of the Regulatory Authority, ruling that the respondent/builder was justified in forfeiting the earnest money due to the appellant's default in installment payments.

24
Stage 23Interim Order

Tribunal Order #0901126001312019-16-12-2021

The Tribunal disposed of the limitation application, ruling that the appeal was filed within time due to a correction in the impugned order's flat cost; consequently, the Registry is directed to register the case as a regular appeal.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal upheld the decision of the Regulatory Authority, ruling that the respondent/builder was justified in forfeiting the earnest money due to the appellant's default in installment payments. Awarded in favor of Respondent.

Disposal Winner: RespondentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal upheld the decision of the Regulatory Authority, ruling that the respondent/builder was justified in forfeiting the earnest money due to the appellant's default in installment payments.

Ruling Awarded To

Respondent

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 11(5)

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Umesh Kumar Shivastava

Respondent Advocate(s)

  • Priyam Sinha

Official RERA Tribunal Orders (2)

FINAL_ORDEROrder ID: 0901126001312019-19-11-2022

The Tribunal upheld the decision of the Regulatory Authority, ruling that the respondent/builder was justified in forfeiting the earnest money due to the appellant's default in installment payments.

INTERIM_ORDEROrder ID: 0901126001312019-16-12-2021

The Tribunal disposed of the limitation application, ruling that the appeal was filed within time due to a correction in the impugned order's flat cost; consequently, the Registry is directed to register the case as a regular appeal.

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