Appellant / Complainant
Paarth Infrabuild Private Limited
Respondent
Rahul Khanna, Shewta Khanna
paarth infrabuild private limited
₹61,39,490
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 0901126003952020 by Paarth Infrabuild Private Limited against Rahul Khanna, Shewta Khanna before up_rera.
For Order
The Appellate Tribunal set aside the Regulatory Authority's order regarding Rahul Khanna's complaint, ruling that the authority erroneously decided the matter based on a different case's facts without addressing the specific issue of unit cancellation. The matter is remanded back to the Regulatory Authority for a fresh decision considering the actual pleadings and disputed facts of this specific complaint.
For Order
The Tribunal has scheduled the case for orders/hearing on 31.01.2025 and noted that no further adjournments will be granted on that date.
Hearing
The Tribunal noted that no settlement has been reached between the parties and has reserved judgment following oral arguments from both counsels.
Hearing
The Tribunal adjourned the proceedings and rescheduled the hearing for September 25, 2024, based on a joint request from the counsels of both parties.
Hearing
The Tribunal granted the appellant 10 days to seek instructions regarding a potential settlement involving the payment of the allottee's deposit plus accrued interest, and listed the matter for hearing on 02.08.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and, upon joint request from counsel, adjourned the matter for hearing/orders to 17.05.2024.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for 19.04.2024.
Hearing
The Tribunal directed the respondent to file physical copies of documents uploaded to the portal and to serve soft copies to the appellant within three days.
Hearing
The Tribunal granted the respondent one week's additional time to comply with a previous order dated 03.07.2023 and scheduled the next hearing for 26.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.
Hearing
The Tribunal denied a request for adjournment by the respondent's counsel due to the presence of multiple other counsels on record, but granted a one-time adjournment in the interest of justice and scheduled the next hearing for 11.09.2023.
Hearing
The Tribunal granted the respondent three days to file a reply to previous objections and explain why the complaint was maintainable despite the alleged cancellation of the unit, adjourning the matter to 02.08.2023.
Hearing
The Tribunal noted the absence of the respondent's counsel and scheduled the appeal for a hearing on July 3, 2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness but issued a strict warning that no further adjournments will be permitted on the next hearing date of 30.05.2023.
Hearing
The Tribunal directed the appellant to submit an affidavit confirming the unavailability of alternate units as previously ordered, warning that failure to comply will result in adverse inferences being drawn against them.
Hearing
The Tribunal directed the appellant to submit an affidavit confirming whether any alternative units are available in the project due to the respondent's willingness to accept an alternate unit.
Hearing
The Tribunal granted an adjournment to the appellant due to illness but issued a strict directive that the MD/Director must appear at the next hearing or face costs and adverse inferences.
Hearing
The Tribunal directed the appellant to appear at the next hearing along with the MD/Director of the builder company, and ordered the respondent to appear in person with counsel.
Hearing
The Tribunal granted an adjournment requested by the appellant due to illness and directed both parties to file lists of dates, events, and relied-upon cases before the next hearing on 03.08.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and directed both parties to exchange and submit a list of dates, events, and relied-upon judgments before the next hearing on 27.05.2022.
Hearing
The Tribunal noted that pleadings are complete and directed both parties to exchange and file lists of dates, events, and relied-upon cases at least seven days before the next hearing. The matter is scheduled for hearing on 25.04.2022.
Hearing
The Tribunal noted the filing of a supplementary affidavit by the appellant and adjourned the matter to 02.02.2022 for further orders.
Hearing
The Tribunal granted an application for adjournment and rescheduled the case for further orders on 10.01.2022.
Hearing
The Tribunal granted the appellant one week to file an affidavit and documents specifying the construction commencement date of the block in question and scheduled the next hearing for 10.11.2021.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for April 20, 2021.
For Order
The case is adjourned due to an advocate strike by the Oudh Bar Association and is rescheduled for 24.03.2021, with a direction for parties to exchange pleadings in the interim.
For Order
The Tribunal directed the Registrar to take action against officials responsible for failing to convert a defective appeal into a regular appeal and granted the applicant ten days to file a reply to the respondent's objections.
Tribunal Order #0901126003952020-31-01-2025
The Appellate Tribunal set aside the Regulatory Authority's order regarding Rahul Khanna's complaint, ruling that the authority erroneously decided the matter based on a different case's facts without addressing the specific issue of unit cancellation. The matter is remanded back to the Regulatory Authority for a fresh decision considering the actual pleadings and disputed facts of this specific complaint.
Tribunal Order #0901126003952020-23-12-2022
The Tribunal directed the appellant to submit an affidavit confirming the unavailability of alternate units as previously ordered, warning that failure to comply will result in adverse inferences being drawn against them.
Tribunal Order #0901126003952020-30-09-2022
The Tribunal directed the appellant to submit an affidavit confirming whether any alternative units are available in the project due to the respondent's willingness to accept an alternate unit.
Tribunal Order #0901126003952020-01-09-2022
The Tribunal granted an adjournment to the appellant due to illness but issued a strict directive that the MD/Director must appear at the next hearing or face costs and adverse inferences.
Tribunal Order #0901126003952020-03-08-2022
The Tribunal directed the appellant to appear at the next hearing along with the MD/Director of the builder company, and ordered the respondent to appear in person with counsel.
Tribunal Order #0901126003952020-12-02-2021
The Tribunal directed the Registrar to take action against officials responsible for failing to convert a defective appeal into a regular appeal and granted the applicant ten days to file a reply to the respondent's objections.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order regarding Rahul Khanna's complaint, ruling that the authority erroneously decided the matter based on a different case's facts without addressing the specific issue of unit cancellation. The matter is remanded back to the Regulatory Authority for a fresh decision considering the actual pleadings and disputed facts of this specific complaint. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order regarding Rahul Khanna's complaint, ruling that the authority erroneously decided the matter based on a different case's facts without addressing the specific issue of unit cancellation. The matter is remanded back to the Regulatory Authority for a fresh decision considering the actual pleadings and disputed facts of this specific complaint.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
Respondent Advocate(s)
- Ojasvi Sharma
- Prabhat Narain Srivastava
- Abhishek Mishra
Official RERA Tribunal Orders (6)
The Appellate Tribunal set aside the Regulatory Authority's order regarding Rahul Khanna's complaint, ruling that the authority erroneously decided the matter based on a different case's facts without addressing the specific issue of unit cancellation. The matter is remanded back to the Regulatory Authority for a fresh decision considering the actual pleadings and disputed facts of this specific complaint.
The Tribunal directed the appellant to submit an affidavit confirming the unavailability of alternate units as previously ordered, warning that failure to comply will result in adverse inferences being drawn against them.
The Tribunal directed the appellant to submit an affidavit confirming whether any alternative units are available in the project due to the respondent's willingness to accept an alternate unit.
The Tribunal granted an adjournment to the appellant due to illness but issued a strict directive that the MD/Director must appear at the next hearing or face costs and adverse inferences.
The Tribunal directed the appellant to appear at the next hearing along with the MD/Director of the builder company, and ordered the respondent to appear in person with counsel.
The Tribunal directed the Registrar to take action against officials responsible for failing to convert a defective appeal into a regular appeal and granted the applicant ten days to file a reply to the respondent's objections.
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