Appellant / Complainant
Apex Dream Homes Pvt. Ltd.
Respondent
Ankur Agarwal
apex dream homes pvt. ltd.
₹19,97,275
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 0901126003182019 by Apex Dream Homes Pvt. Ltd. against Ankur Agarwal before up_rera.
For Order
The Tribunal dismissed the promoter's appeal due to non-compliance with the mandatory pre-deposit requirements of Section 43(5) and directed that the deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
For Order
The Tribunal has adjourned the matter to 02.05.2022 to allow the appellant's counsel to examine compliance issues regarding Section 43(5) of the Act in relation to the impugned RERA order.
For Order
The Tribunal granted a request for adjournment for 10 days following the submission that the case may be withdrawn as possession and conveyance deed execution have been completed.
Further Order
The Tribunal granted a request to reschedule the hearing of a defective appeal to 06.04.2022 and directed the appellant's counsel to ensure compliance with Section 43(5) of the Act by that date.
Delay condonation
The Tribunal noted the impossibility of an out-of-court settlement and directed the respondent to file a reply within one week and the applicant to file a rejoinder within two weeks thereafter.
Delay condonation
The Tribunal noted the parties' failure to appear for amicable settlement discussions and directed both parties to appear at the next hearing scheduled for 02.12.2021.
Delay condonation
The Tribunal adjourned the case to 09.11.2021 and directed the applicant to appear through an authorized person empowered to settle the matter, while directing the opposite party to appear in person.
Delay condonation
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 scheduled for 22.10.2021.
Compliance of section 43(5)
The case was adjourned due to a lawyers' strike called by the Oudh Bar Association and is scheduled for a new hearing on 10.03.2021.
For Order
The court has adjourned the matter to 24.02.2021 for consideration of an application for condonation of delay and subsequent hearing, following a joint request from both counsels.
Tribunal Order #0901126003182019-02-05-2022
The Tribunal dismissed the promoter's appeal due to non-compliance with the mandatory pre-deposit requirements of Section 43(5) and directed that the deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the promoter's appeal due to non-compliance with the mandatory pre-deposit requirements of Section 43(5) and directed that the deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the promoter's appeal due to non-compliance with the mandatory pre-deposit requirements of Section 43(5) and directed that the deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
for the delayed period
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
Respondent Advocate(s)
- Arvind Kumar
Official RERA Tribunal Orders (1)
The Tribunal dismissed the promoter's appeal due to non-compliance with the mandatory pre-deposit requirements of Section 43(5) and directed that the deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
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