Appellant / Complainant
Ashok Kumar Bhartiya
Respondent
Shreesri Buildetech Private Limited
shreesri buildetech private limited
₹55,06,719
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 0901126005402020 by Ashok Kumar Bhartiya against Shreesri Buildetech Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh examination, noting that the original decision failed to properly investigate reported structural defects and construction quality.
Further Hearing
The Tribunal heard arguments regarding an appeal against the Adjudicating Officer's rejection of a complaint concerning structural defects, lack of OC/CC, and compensation for harassment. The court has reserved its judgment on whether these issues fall under the domain of the Regulatory Authority or the Adjudicating Officer.
Further Hearing
The U.P. Real Estate Appellate Tribunal adjourned the proceedings for Appeal-834/2020 following a request from the respondent's counsel due to his father's illness.
Further Hearing
The Tribunal granted the respondent a one-week extension to file objections to the grounds of appeal, subject to a cost of Rs. 500/- to be used for the legal library.
Further Hearing
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed that a copy be emailed to the appellant, with the matter listed for orders on 11.10.2022.
Further Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the next hearing for September 8, 2022, while allowing the respondent to file objections to the inspection report.
Further Hearing
The Tribunal directed the Registry to resolve a technical issue regarding the respondent's vakalatnama on the e-portal and noted that an inspection report would be filed and provided to counsel shortly.
Further Hearing
The Tribunal adjourned the appeal to 02.08.2022 following a request from the counsels and noted that the Court Commissioner's report would be submitted later that day.
Further Hearing
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the Inspection Team within one week to verify structural defects, with the inspection report due for the next hearing on 22.07.2022.
Further Hearing
The Tribunal directed that the Inspection Team previously constituted in Appeal No. 833/2020 shall also inspect the appellant's apartment in the present appeal.
Further Hearing
The Tribunal granted the respondent 24 hours to place necessary documents on record, subject to a cost of Rs. 2,000/- to be used for a legal library, while noting that the request appeared to be an attempt at adjournment.
Hearing
The Tribunal granted a request from the counsels of both parties to adjourn the appeal and rescheduled the matter for hearing on 04.05.2022.
Exchange of pleadings
The Tribunal rejected the respondent's request for adjournment based on a pending writ petition and rescheduled the hearing to 02.05.2022, noting that the matter will proceed based on available records if the respondent fails to appear.
to file objections and its reply
The Tribunal directed the parties to exchange and submit a list of dates, events, and relied-upon judgments before the next hearing scheduled for 28.04.2022.
Hearing
The Tribunal granted a 10-day extension to the respondent to file objections to the amended appeal and scheduled the next hearing for January 18, 2022.
Hearing
The Tribunal allowed an application to modify its previous order dated 27.10.2021 to correct a typographical error regarding which amendment prayers were pressed by the appellant, and directed the parties to exchange amended pleadings via email.
Hearing
The Tribunal has listed the appellant's application for modification of the order dated 27.10.2021 for consideration on 07.12.2021 and directed the respondent to examine the application.
Hearing
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate the original complaint and specific grounds necessary to challenge the Regulatory Authority's order dated 01.07.2020.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal unavoidable circumstances and rescheduled the hearing for 27.10.2021.
Hearing on Appeal
The Tribunal granted the appellant two weeks to file a supplementary affidavit to bring missing regulatory orders onto the record and set timelines for the respondent's objections.
For Order
The case is adjourned because lawyers are abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for hearing on 18.03.2021.
Further Consideration
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/12/0977/2019 from the Regulatory Authority to examine the claims and evidence presented by both parties.
Tribunal Order #0901126005402020-31-05-2023
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh examination, noting that the original decision failed to properly investigate reported structural defects and construction quality.
Tribunal Order #0901126005402020-02-05-2023
The Tribunal heard arguments regarding an appeal against the Adjudicating Officer's rejection of a complaint concerning structural defects, lack of OC/CC, and compensation for harassment. The court has reserved its judgment on whether these issues fall under the domain of the Regulatory Authority or the Adjudicating Officer.
Tribunal Order #0901126005402020-11-10-2022
The Tribunal granted the respondent a one-week extension to file objections to the grounds of appeal, subject to a cost of Rs. 500/- to be used for the legal library.
Tribunal Order #0901126005402020-04-05-2022
The Tribunal granted the respondent 24 hours to place necessary documents on record, subject to a cost of Rs. 2,000/- to be used for a legal library, while noting that the request appeared to be an attempt at adjournment.
Tribunal Order #0901126005402020-07-12-2021
The Tribunal allowed an application to modify its previous order dated 27.10.2021 to correct a typographical error regarding which amendment prayers were pressed by the appellant, and directed the parties to exchange amended pleadings via email.
Tribunal Order #0901126005402020-27-10-2021
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate the original complaint and specific grounds necessary to challenge the Regulatory Authority's order dated 01.07.2020.
Tribunal Order #0901126005402020-01-07-2022
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the Inspection Team within one week to verify structural defects, with the inspection report due for the next hearing on 22.07.2022.
Tribunal Order #0901126005402020-06-05-2022
The Tribunal directed that the Inspection Team previously constituted in Appeal No. 833/2020 shall also inspect the appellant's apartment in the present appeal.
Tribunal Order #0901126005402020-29-01-2021
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/12/0977/2019 from the Regulatory Authority to examine the claims and evidence presented by both parties.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh examination, noting that the original decision failed to properly investigate reported structural defects and construction quality. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh examination, noting that the original decision failed to properly investigate reported structural defects and construction quality.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Madhukar Ojha
Respondent Advocate(s)
- Anurag Singh
- Suneel Kumar Gupta
Official RERA Tribunal Orders (9)
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh examination, noting that the original decision failed to properly investigate reported structural defects and construction quality.
The Tribunal heard arguments regarding an appeal against the Adjudicating Officer's rejection of a complaint concerning structural defects, lack of OC/CC, and compensation for harassment. The court has reserved its judgment on whether these issues fall under the domain of the Regulatory Authority or the Adjudicating Officer.
The Tribunal granted the respondent a one-week extension to file objections to the grounds of appeal, subject to a cost of Rs. 500/- to be used for the legal library.
The Tribunal granted the respondent 24 hours to place necessary documents on record, subject to a cost of Rs. 2,000/- to be used for a legal library, while noting that the request appeared to be an attempt at adjournment.
The Tribunal allowed an application to modify its previous order dated 27.10.2021 to correct a typographical error regarding which amendment prayers were pressed by the appellant, and directed the parties to exchange amended pleadings via email.
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate the original complaint and specific grounds necessary to challenge the Regulatory Authority's order dated 01.07.2020.
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the Inspection Team within one week to verify structural defects, with the inspection report due for the next hearing on 22.07.2022.
The Tribunal directed that the Inspection Team previously constituted in Appeal No. 833/2020 shall also inspect the appellant's apartment in the present appeal.
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/12/0977/2019 from the Regulatory Authority to examine the claims and evidence presented by both parties.
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