Appellant / Complainant
Ravi Prakash Srivastava, Sonal Srivastava
Respondent
Apex Dream Homes Private Limited
apex dream homes private limited
₹87,03,300
Appellant
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 0901126002792020 by Ravi Prakash Srivastava, Sonal Srivastava against Apex Dream Homes Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order dated 04.09.2020, ruling that the Authority exceeded its jurisdiction by modifying a final award during execution proceedings, and remanded the matter back to the Authority.
Hearing
The appellant is challenging an execution order passed by the Regulatory Authority which modified a previous interest directive based on newly considered certificates; the Tribunal has heard arguments from both parties and reserved judgment.
Hearing
The Tribunal granted the respondent's counsel time to seek instructions regarding an electrical safety certificate and adjourned the appeal to 16.02.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 06.02.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work and rescheduled the hearing for 13.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for September 5, 2023.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 14.07.2023.
Further Hearing
The Tribunal adjourned the appeal due to the absence of the appellant and scheduled the matter for further orders on 10.02.2023.
Final Hearing
The Tribunal adjourned the appeal due to the absence of the respondent and scheduled the matter for hearing on 16.12.2022.
Final Hearing
The Tribunal adjourned the case due to the absence of the respondent's counsel and scheduled it for further orders on 23.11.2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for November 1, 2022; additionally, the appellant's counsel noted that settlement negotiations between the parties have failed.
Final Hearing
The Tribunal adjourned the matter to 29.08.2022 to allow for a potential settlement and directed parties to appear through authorized representatives empowered to finalize the settlement.
Final Hearing
The Tribunal noted that pleadings have been exchanged and directed the respondent to file written arguments via email at least seven days before the next listing date.
Final Hearing
The Tribunal directed the parties to exchange and file a list of dates, events, and relied-upon cases before the next hearing, which is scheduled for 23.05.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing for April 19, 2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for 19.01.2022.
Final Hearing
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the matter for final hearing on January 3, 2022.
Final Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's objection and scheduled the case for final hearing on 22.12.2021.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the appeal for final hearing on December 2, 2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the parties to exchange pleadings and file originals with the Registry before the next hearing on 16.11.2021.
For Order
The Tribunal granted the respondent one week to file objections to the grounds of appeal and directed both parties to upload their pleadings on the e-portal before the next hearing date on 22.10.2021.
For Order
The Tribunal allowed the application for condonation of delay regarding a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The Tribunal adjourned the case due to a lawyers' strike and issued directives regarding the filing of an original Vakalatnama by the respondent's counsel and an investigation into why a bank draft for appeal fees has not yet been deposited into the Tribunal's account.
For Order
The Tribunal granted the respondent two weeks to file objections to the condonation of delay application and the grounds of appeal, scheduling the next hearing for February 25, 2021.
Tribunal Order #0901126002792020-16-02-2024
The appellant is challenging an execution order passed by the Regulatory Authority which modified a previous interest directive based on newly considered certificates; the Tribunal has heard arguments from both parties and reserved judgment.
Tribunal Order #0901126002792020-07-05-2024
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order dated 04.09.2020, ruling that the Authority exceeded its jurisdiction by modifying a final award during execution proceedings, and remanded the matter back to the Authority.
Tribunal Order #0901126002792020-25-02-2021
The Tribunal adjourned the case due to a lawyers' strike and issued directives regarding the filing of an original Vakalatnama by the respondent's counsel and an investigation into why a bank draft for appeal fees has not yet been deposited into the Tribunal's account.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order dated 04.09.2020, ruling that the Authority exceeded its jurisdiction by modifying a final award during execution proceedings, and remanded the matter back to the Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% (after 01.05.2016) and as per BBA (up to 30.04.2016).
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order dated 04.09.2020, ruling that the Authority exceeded its jurisdiction by modifying a final award during execution proceedings, and remanded the matter back to the Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% (after 01.05.2016) and as per BBA (up to 30.04.2016)
Interest Period
from the promised date till 14.06.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Alok Kumar Singh
Respondent Advocate(s)
- Harish Pandey
- Prathana Singh
Official RERA Tribunal Orders (3)
The appellant is challenging an execution order passed by the Regulatory Authority which modified a previous interest directive based on newly considered certificates; the Tribunal has heard arguments from both parties and reserved judgment.
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order dated 04.09.2020, ruling that the Authority exceeded its jurisdiction by modifying a final award during execution proceedings, and remanded the matter back to the Authority.
The Tribunal adjourned the case due to a lawyers' strike and issued directives regarding the filing of an original Vakalatnama by the respondent's counsel and an investigation into why a bank draft for appeal fees has not yet been deposited into the Tribunal's account.
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