Appellant / Complainant
Samiah International Builders Limited
Respondent
Melrose Avenue Apartment Allottee(s) Association, U.P. Real Estate Regulatory Authority Lucknow
samiah international builders limited
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 0901126002462021 by Samiah International Builders Limited against Melrose Avenue Apartment Allottee(s) Association, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
Compliance of section 43(5)
The Appellate Tribunal dismissed the appeal filed by M/s Samiah International Builders Ltd. due to their failure to comply with the mandatory pre-deposit requirements under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Compliance of section 43(5)
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act and rectify registry defects, noting that failure to do so by the next hearing will result in dismissal.
Compliance of section 43(5)
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act and granted the respondent two weeks to file objections and authorization documents, scheduling the next hearing for April 12, 2021.
Hearing
The Tribunal adjourned the defective appeal to 17.03.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act, warning of potential dismissal for non-compliance.
For Order
The Tribunal granted the appellant's counsel a one-week extension to comply with the provisions of Section 43(5) of the Act and scheduled the defective appeal for hearing on 25.02.2021.
Tribunal Order #0901126002462021-25-02-2021
The Tribunal adjourned the defective appeal to 17.03.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act, warning of potential dismissal for non-compliance.
Tribunal Order #0901126002462021-04-10-2021
The Appellate Tribunal dismissed the appeal filed by M/s Samiah International Builders Ltd. due to their failure to comply with the mandatory pre-deposit requirements under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by M/s Samiah International Builders Ltd. due to their failure to comply with the mandatory pre-deposit requirements under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. Awarded in favor of Respondent. Awarded interest rate: MCLR+ 1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by M/s Samiah International Builders Ltd. due to their failure to comply with the mandatory pre-deposit requirements under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+ 1 percent
Interest Period
from 31.12.2011 till the date of giving offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Preeti Bajpai
Official RERA Tribunal Orders (2)
The Tribunal adjourned the defective appeal to 17.03.2021 and directed the appellant's counsel to ensure complete compliance with Section 43(5) of the Act, warning of potential dismissal for non-compliance.
The Appellate Tribunal dismissed the appeal filed by M/s Samiah International Builders Ltd. due to their failure to comply with the mandatory pre-deposit requirements under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
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