Appellant / Complainant
Babli
Respondent
Ganpati Infrastructure Developers Company Ltd
ganpati infrastructure developers company ltd
₹21,54,932
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 0901126006892022 by Babli against Ganpati Infrastructure Developers Company Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order that had dismissed the appellant's complaint on the grounds of Res Judicata, ruling instead that the previous dismissal was based on technical jurisdiction and not merits. The matter is remanded to the U.P. RERA to hear and decide the refund complaint afresh on its merits within three months.
Hearing
The Tribunal noted the absence of the respondent and adjourned the appeal to 14.08.2025.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 24.07.2025.
Hearing
The court has granted a request by the respondent's counsel to reschedule the hearing of Appeal-469/2022 to July 4, 2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for orders on May 7, 2025.
For Order
The appeal is adjourned to 11.04.2025 because lawyers are abstaining from judicial work following a resolution by the Real Estate Bar Association, Lucknow.
For Order
The Tribunal granted a final opportunity to both parties to complete their pleadings and scheduled the case for orders/hearing on 18.03.2025.
For Order
The Tribunal has adjourned the matter and scheduled it for orders/hearing on 21.02.2025 due to the absence of both parties.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for orders on 29.01.2025.
For Order
The Tribunal granted a request for adjournment on behalf of the respondent's counsel and rescheduled the appeal for hearing on 08.01.2025.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the appeal for orders to 10.12.2024.
Hearing on Amendment Application
The Tribunal adjourned the appeal to 11.11.2024 at the request of the appellant and directed the respondent to file objections in the interim.
Hearing on Amendment Application
The Tribunal granted an adjournment requested by the appellant's counsel due to a bereavement in his family and rescheduled the case for hearing on 01.10.2024.
Hearing on Amendment Application
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 30.08.2024.
Hearing on Amendment Application
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the defective appeal for orders or hearing on July 29, 2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 29.04.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the matter for hearing on 22.03.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the hearing for 21.02.2024.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for October 11, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and rescheduled the hearing for August 25, 2023.
Hearing
The Tribunal noted that the respondent's objections were uploaded to the e-portal and scheduled the matter for hearing/orders on 07.07.2023.
Hearing
The Tribunal granted a final one-week extension to the appellant to file a reply to the respondent's objections, warning that the matter will proceed based on available records if the deadline is missed.
Hearing
The Tribunal granted an adjournment requested by the appellant due to personal illness and directed the appellant to file a reply to the respondent's objections within 10 days.
Exchange of pleadings
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on 07.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 04.01.2023.
Exchange of pleadings
The Tribunal directed the respondent to file a reply to the grounds of appeal and permitted the appellant to file a replication/rejoinder thereafter, scheduling the next hearing for December 7, 2022.
Notice
The Tribunal directed the respondent's counsel to file their Vakalatnama and a reply to the grounds of appeal by the next hearing date, which is scheduled for 13.10.2022.
Notice
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the appellant to upload the affidavit of service within one week.
Defect Removal
The Tribunal directed the Registry to convert the defective appeal into a regular appeal and issued notice to the respondent for hearing on 26.08.2022.
Defect Removal
The Tribunal noted that the memo of appeal was not uploaded and directed the Registry to submit a fresh report on defects, with instructions for the counsel to rectify any identified issues within 24 hours.
Tribunal Order #0901126006892022-14-08-2025
The Tribunal set aside the Regulatory Authority's order that had dismissed the appellant's complaint on the grounds of Res Judicata, ruling instead that the previous dismissal was based on technical jurisdiction and not merits. The matter is remanded to the U.P. RERA to hear and decide the refund complaint afresh on its merits within three months.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that had dismissed the appellant's complaint on the grounds of Res Judicata, ruling instead that the previous dismissal was based on technical jurisdiction and not merits. The matter is remanded to the U.P. RERA to hear and decide the refund complaint afresh on its merits within three months. Awarded in favor of Appellant. Awarded interest rate: 18% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that had dismissed the appellant's complaint on the grounds of Res Judicata, ruling instead that the previous dismissal was based on technical jurisdiction and not merits. The matter is remanded to the U.P. RERA to hear and decide the refund complaint afresh on its merits within three months.
Ruling Awarded To
Appellant
Awarded Interest Rate
18% per annum
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shailesh Kumar Srivastava
Respondent Advocate(s)
- Saurabh Misra
- Gautam Johri
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order that had dismissed the appellant's complaint on the grounds of Res Judicata, ruling instead that the previous dismissal was based on technical jurisdiction and not merits. The matter is remanded to the U.P. RERA to hear and decide the refund complaint afresh on its merits within three months.
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