Appellant / Complainant
Rajeev Misra
Respondent
M/s Anthem Infrastructure Pvt. Ltd., Others
anthem infrastructure pvt. ltd.
₹36,03,750
Partial
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 0901126002262019 by Rajeev Misra against M/s Anthem Infrastructure Pvt. Ltd., Others before up_rera.
Final Hearing
The Tribunal set aside the RERA Authority's order directing possession, ruling that an allottee cannot exercise a right to withdraw and seek a refund under Section 18(1) after the project has achieved completion/occupancy certificate, and found no breach regarding the placement of the 'Grand Eiffel Gate'.
Final Hearing
The Tribunal has adjourned the appeal to 22.04.2024 following a joint request from the counsels for both parties.
Final Hearing
The court has adjourned the matter to 24.03.2025 following a joint request from the learned counsel for both parties.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for orders/hearing on 24.02.2025, noting that no further adjournments will be permitted.
Final Hearing
The Tribunal granted an adjournment requested by the appellant, rescheduling the hearing to 19.02.2025 subject to a cost of Rs. 1,000/- to be deposited in the Tribunal's fund.
Further Hearing
The Tribunal adjourned the hearing of Appeal-885/2021 to 29.01.2025 following a joint request from the parties as arguments remained inconclusive.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for orders or hearing on 27.01.2025.
Hearing
The U.P. Real Estate Appellate Tribunal has adjourned the appeal to 16.01.2025 following a request from the counsel representing the appellant.
Hearing
The Tribunal granted a request for time to prepare the brief and listed the appeal for hearing on 28.10.2024.
Hearing
The Tribunal granted a request to list the appeal for a hearing on 20.09.2024.
Hearing
The Tribunal adjourned the matter to 02.09.2024 for final hearing upon the request of the respondent's counsel, with a strict directive that no further adjournments will be granted.
Hearing
Upon the joint request of the counsels for both parties, the appeal has been scheduled for a final hearing on 20.08.2024.
Hearing
The Tribunal granted an adjournment of the proceedings at the request of the respondent's counsel due to illness and rescheduled the hearing for 19.07.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for hearing on 22.05.2024.
Hearing
The Tribunal adjourned the hearing of the appeal due to the respondent's counsel's inability to argue the matter on personal grounds, rescheduling the case for 22.04.2024.
Hearing
The proceedings were adjourned at the request of the respondent's counsel, and the appeal has been rescheduled for hearing on 15.03.2024.
Hearing
Upon the joint request of both parties, the tribunal has scheduled the appeal for a hearing on 13.02.2024.
Hearing
The court has adjourned the hearing of the appeal to 16.01.2024 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 11.10.2023.
Final Hearing
The proceedings were adjourned due to a request for postponement by the respondent's counsel, with the matter rescheduled for hearing on 25.08.2023.
Final Hearing
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the final hearing for 04.08.2023.
Final Hearing
The Tribunal granted the appellant a one-week extension to bring the online complaint filed before the Regulatory Authority on record and scheduled the next hearing for August 1, 2023.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his unavailability in the High Court and rescheduled the hearing for May 4, 2023.
Final Hearing
The Tribunal granted the respondent one week to bring additional documents on record, including an Occupancy Certificate and offer of possession, and scheduled the matter for hearing on 29.03.2023.
Final Hearing
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the appeal for a hearing on 25.01.2023.
Final Hearing
The Tribunal adjourned the matter and scheduled the appeal for final hearing on 16.12.2022.
Final Hearing
The Tribunal noted that the case is already scheduled for 19.11.2022 and ordered the appeal to be listed for hearing on that date.
Final Hearing
The Tribunal noted that pleadings have been exchanged and the appeal is ripe for hearing, subsequently listing the matter for further hearing on 16.11.2022.
Final Hearing
The U.P. Real Estate Appellate Tribunal adjourned the appeal due to technical network issues and the illness of the respondent's counsel, rescheduling the hearing for 18.10.2022.
Final Hearing
The Tribunal granted the respondent an extension to file a list of dates, events, and relied-upon judgments, directing them to serve these to the appellant at least 10 days before the next hearing on 16.09.2022.
Final Hearing
The Tribunal adjourned the appeal to 23.08.2022 because the appellant's senior counsel was unable to attend due to a family medical emergency.
Final Hearing
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and adjourned the matter to 13.07.2022.
to file objections and its reply
The Tribunal granted a request from the respondent's counsel to reschedule the matter and listed the appeal for a final hearing on 04.05.2022.
Hearing
The Tribunal adjourned the case to 19.04.2022 because neither party appeared due to sanctioned leave of their respective counsels.
Hearing
The appellant's counsel informed the tribunal that he has received instructions from his client to withdraw his Vakalatnama.
Hearing
The Tribunal has scheduled the appeal for a final hearing on December 22, 2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 02.12.2021, directing parties to exchange pleadings in the interim.
Hearing
The Tribunal directed the respondent to file a copy of their written statement previously submitted to the Regulatory Authority and scheduled the matter for hearing on 16.11.2021.
Tribunal Order #0901126002262019-22-04-2025
The Tribunal set aside the RERA Authority's order directing possession, ruling that an allottee cannot exercise a right to withdraw and seek a refund under Section 18(1) after the project has achieved completion/occupancy certificate, and found no breach regarding the placement of the 'Grand Eiffel Gate'.
Tribunal Order #0901126002262019-29-01-2025
The Tribunal granted an adjournment requested by the appellant, rescheduling the hearing to 19.02.2025 subject to a cost of Rs. 1,000/- to be deposited in the Tribunal's fund.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order directing possession, ruling that an allottee cannot exercise a right to withdraw and seek a refund under Section 18(1) after the project has achieved completion/occupancy certificate, and found no breach regarding the placement of the 'Grand Eiffel Gate'. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order directing possession, ruling that an allottee cannot exercise a right to withdraw and seek a refund under Section 18(1) after the project has achieved completion/occupancy certificate, and found no breach regarding the placement of the 'Grand Eiffel Gate'.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nirmit Srivastava
- Harish Pandey
- Srajak Srivastava
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (2)
The Tribunal set aside the RERA Authority's order directing possession, ruling that an allottee cannot exercise a right to withdraw and seek a refund under Section 18(1) after the project has achieved completion/occupancy certificate, and found no breach regarding the placement of the 'Grand Eiffel Gate'.
The Tribunal granted an adjournment requested by the appellant, rescheduling the hearing to 19.02.2025 subject to a cost of Rs. 1,000/- to be deposited in the Tribunal's fund.
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