Appellant / Complainant
Aakash Bhartiya
Respondent
Shreesri Buildtech Private Limited
shreesri buildtech 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 0901126005462020 by Aakash Bhartiya against Shreesri Buildtech 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 adjudication after an inspection report revealed structural defects and workmanship issues in the appellants' flats.
Final Hearing
The Tribunal heard the matter and reserved its judgment, noting that orders for related proceedings can be found in the order dated for Appeal No. 834/20.
Final Hearing
The Tribunal granted a request for adjournment made by the respondent's counsel due to personal illness and rescheduled the hearing for December 6, 2022.
Final 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, and directed the parties to exchange replies via email and upload them to the e-portal.
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 rescheduled the hearing for 08.09.2022, while allowing the respondent to file objections to the inspection report.
Further Hearing
The Tribunal directed the Registry to resolve technical issues regarding the respondent's vakalatnama on the e-portal and noted that the Advocate Commissioner's inspection report would be filed and provided to counsel shortly.
Further Hearing
The Tribunal noted that the Court Commissioner's report would be submitted later that day and adjourned the appeal for hearing to 02.08.2022 at the request of the counsels.
Further Hearing
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the appointed Inspection Team within one week to verify structural defects. The matter is scheduled for further hearing on 22.07.2022 following the submission of the inspection report.
Further Hearing
The Tribunal appointed an inspection team comprising Advocate Commissioners and a structural engineer to inspect the building's status and quality of work on 14.05.2022.
Further Hearing
The Tribunal granted the respondent 24 hours to place additional documents on record at a cost of Rs. 5,000/- and directed the respondent to produce the project's OC/CC and address the legality of their offer of possession without such certificates.
Hearing
The Tribunal adjourned the matter to 04.05.2022 for further hearing because the respondent's counsel was not fully prepared.
Exchange of pleadings
The Tribunal rejected the respondent's request for adjournment based on a pending writ petition and scheduled the hearing for 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, and scheduled the appeal for hearing on 28.04.2022.
Final Hearing
The Tribunal granted the respondent a 10-day extension to file objections to the amended portion of the appeal and scheduled the next hearing for January 18, 2022.
Final Hearing
The Tribunal allowed an application for modification of its previous order to correct a typographical error regarding which prayers were pressed by the appellant. The appellant is directed to file an amended memo of appeal within one week.
Hearing
The Tribunal has deferred the consideration of an application for modification of its previous order and scheduled a hearing for December 7, 2021, directing the respondent's counsel 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 a timeline for the respondent's objections.
For Order
The case was adjourned due to a lawyers' strike by the Oudh Bar Association and is rescheduled for hearing on 18.03.2021.
Further Consideration
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/11/1150/2019 from the Regulatory Authority to examine the respective claims of the parties.
Tribunal Order #0901126005462020-31-05-2023
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh adjudication after an inspection report revealed structural defects and workmanship issues in the appellants' flats.
Tribunal Order #0901126005462020-11-10-2022
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, and directed the parties to exchange replies via email and upload them to the e-portal.
Tribunal Order #0901126005462020-01-07-2022
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the appointed Inspection Team within one week to verify structural defects. The matter is scheduled for further hearing on 22.07.2022 following the submission of the inspection report.
Tribunal Order #0901126005462020-04-05-2022
The Tribunal granted the respondent 24 hours to place additional documents on record at a cost of Rs. 5,000/- and directed the respondent to produce the project's OC/CC and address the legality of their offer of possession without such certificates.
Tribunal Order #0901126005462020-07-12-2021
The Tribunal allowed an application for modification of its previous order to correct a typographical error regarding which prayers were pressed by the appellant. The appellant is directed to file an amended memo of appeal within one week.
Tribunal Order #0901126005462020-27-10-2021
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 #0901126005462020-06-05-2022
The Tribunal appointed an inspection team comprising Advocate Commissioners and a structural engineer to inspect the building's status and quality of work on 14.05.2022.
Tribunal Order #0901126005462020-29-01-2021
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/11/1150/2019 from the Regulatory Authority to examine the respective claims of the parties.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh adjudication after an inspection report revealed structural defects and workmanship issues in the appellants' flats. 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 adjudication after an inspection report revealed structural defects and workmanship issues in the appellants' flats.
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 (8)
The Tribunal set aside the previous orders of the Adjudicating Officer and remanded the complaints back for fresh adjudication after an inspection report revealed structural defects and workmanship issues in the appellants' flats.
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, and directed the parties to exchange replies via email and upload them to the e-portal.
The Tribunal directed the respondent to provide drawings, documents, and authority approvals to the appointed Inspection Team within one week to verify structural defects. The matter is scheduled for further hearing on 22.07.2022 following the submission of the inspection report.
The Tribunal granted the respondent 24 hours to place additional documents on record at a cost of Rs. 5,000/- and directed the respondent to produce the project's OC/CC and address the legality of their offer of possession without such certificates.
The Tribunal allowed an application for modification of its previous order to correct a typographical error regarding which prayers were pressed by the appellant. The appellant is directed to file an amended memo of appeal within one week.
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 appointed an inspection team comprising Advocate Commissioners and a structural engineer to inspect the building's status and quality of work on 14.05.2022.
The Tribunal directed the Registry to summon the case records of Complaint No. ADJ/LKO157/11/1150/2019 from the Regulatory Authority to examine the respective claims of the parties.
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