Appellant / Complainant
Suman Yadav
Respondent
Kanpur Development Authority
₹11,66,250
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 0901126003692022 by Suman Yadav against Kanpur Development Authority before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the project was delayed and that one-sided contractual terms regarding registration forfeiture are unenforceable under the RERA Act 2016.
Hearing
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning the refund of registration amounts and forfeiture clauses; however, the judgment has been reserved.
Hearing
The Tribunal noted that the appellant declined to file a replication/rejoinder and scheduled the appeal for hearing on 27.01.2023.
Hearing
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the appeal for hearing on 16.12.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the case for further orders on 23.11.2022.
Hearing
The Tribunal granted the appellant time to file a replication/rejoinder to the respondent's reply and scheduled the next hearing for November 1, 2022.
Hearing
The Tribunal granted the appellant permission to file a replication/rejoinder to the respondent's reply and scheduled the appeal for hearing on 26.09.2022.
Hearing
The Tribunal granted the appellant time to file a replication or rejoinder against the respondent's reply and scheduled the case for hearing on 26.08.2022.
Hearing
The Tribunal directed the appellant to file a replication to the respondent's objections before the next hearing and ordered the registry to convert the matter into a Regular Appeal.
Delay condonation
The Tribunal condoned a 128-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the appeal as regular.
Defect Removal
The Tribunal directed the issuance of notice to the respondent regarding the application for condonation of delay and outlined the procedural requirements for service of documents by the appellant.
Defect Removal
The Tribunal granted the appellant three days to rectify registry defects and scheduled the defective appeal for a hearing on 09.03.2022.
Tribunal Order #0901126003692022-31-05-2023
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the project was delayed and that one-sided contractual terms regarding registration forfeiture are unenforceable under the RERA Act 2016.
Tribunal Order #0901126003692022-28-02-2023
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning the refund of registration amounts and forfeiture clauses; however, the judgment has been reserved.
Tribunal Order #0901126003692022-01-04-2022
The Tribunal condoned a 128-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the appeal as regular.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the project was delayed and that one-sided contractual terms regarding registration forfeiture are unenforceable under the RERA Act 2016. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the project was delayed and that one-sided contractual terms regarding registration forfeiture are unenforceable under the RERA Act 2016.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Kaviya Singh
Respondent Advocate(s)
- Bhupendra Singh
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the project was delayed and that one-sided contractual terms regarding registration forfeiture are unenforceable under the RERA Act 2016.
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning the refund of registration amounts and forfeiture clauses; however, the judgment has been reserved.
The Tribunal condoned a 128-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the appeal as regular.
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