Appellant / Complainant
J.K.G Heights Apartment Owners Welfare Association
Respondent
Jkg Construction Pvt. Ltd., Uttar Pradesh Housing and Development Board
jkg construction pvt. ltd.
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 0901126003382019 by J.K.G Heights Apartment Owners Welfare Association against Jkg Construction Pvt. Ltd., Uttar Pradesh Housing and Development Board before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the previous order and directed the promoter to register the project under RERA, submit 'Declaration Form-A', deposit compounding charges for unauthorized construction, and procure a completion certificate within four months.
Further Hearing
The court noted the appearance of the counsel for the appellant and recorded that the respondent was absent, subsequently reserving the judgment.
Further Hearing
The Tribunal noted a procedural irregularity where the case was listed without the required signature of both Bench members and directed the Incharge listing to submit an explanation for this administrative lapse.
Arguments
The Tribunal directed the respondent to file written arguments and ordered a re-issuance of notice to Awas Vikas Parishad, ultimately reserving judgment on the matter.
For Order
The Tribunal directed the applicant and respondent no. 1 to file a list of dates, events, and relied-upon cases, and issued a notice to Awas Vikas Parishad to appoint new counsel following the death of their previous representative.
For Order
The court noted a request for adjournment from the counsel for respondent no. 1 and scheduled the matter to be listed on 08.04.2021 for an order.
Further Hearing
The Tribunal heard arguments regarding an impleadment/intervener application and directed Respondent No. 1 to file objections within 10 days before deciding on the application at the next hearing.
For Order
The Tribunal adjourned the matter to 11.03.2021 for arguments following a request from the respondent's counsel for more time to prepare.
For Order
The Tribunal directed the Respondent (M/S JKG Construction Pvt. Ltd.) to file relevant papers via the e-portal and physical registry within 15 days and provide copies to the Applicant for potential rebuttal.
Tribunal Order #0901126003382019-22-12-2022
The Appellate Tribunal set aside the previous order and directed the promoter to register the project under RERA, submit 'Declaration Form-A', deposit compounding charges for unauthorized construction, and procure a completion certificate within four months.
Tribunal Order #0901126003382019-30-07-2021
The Tribunal directed the respondent to file written arguments and ordered a re-issuance of notice to Awas Vikas Parishad, ultimately reserving judgment on the matter.
Tribunal Order #0901126003382019-11-02-2021
The Tribunal heard arguments regarding an impleadment/intervener application and directed Respondent No. 1 to file objections within 10 days before deciding on the application at the next hearing.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the previous order and directed the promoter to register the project under RERA, submit 'Declaration Form-A', deposit compounding charges for unauthorized construction, and procure a completion certificate within four months. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the previous order and directed the promoter to register the project under RERA, submit 'Declaration Form-A', deposit compounding charges for unauthorized construction, and procure a completion certificate within four months.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kushagra Dikshit
Respondent Advocate(s)
- Siddharth Vikram Asthana
- Abhishek Khare
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the previous order and directed the promoter to register the project under RERA, submit 'Declaration Form-A', deposit compounding charges for unauthorized construction, and procure a completion certificate within four months.
The Tribunal directed the respondent to file written arguments and ordered a re-issuance of notice to Awas Vikas Parishad, ultimately reserving judgment on the matter.
The Tribunal heard arguments regarding an impleadment/intervener application and directed Respondent No. 1 to file objections within 10 days before deciding on the application at the next hearing.
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