Appellant / Complainant
Bcc Infrastructures Pvt. Ltd.
Respondent
Vijay Prasad, Kamlesh Prasad
bcc infrastructures pvt. ltd.
Respondent
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 0901126007292021 by Bcc Infrastructures Pvt. Ltd. against Vijay Prasad, Kamlesh Prasad before up_rera.
For Order
The Tribunal directed the appellant to hand over physical possession of the flat to the respondent by 25.12.2022 and ordered the release of funds deposited under Section 43(5) of the Act to the respondent upon application.
For Order
The Tribunal directed the appellant to execute the sale deed within 15 days and handover possession of the flat to the respondents, upon which the respondent shall pay maintenance charges and the appellant shall transfer the Section 43(5) deposited amount to the respondent.
For Order
The Tribunal directed the appellant to handover possession of the flat to the respondent by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and funds deposited under Section 43(5) of the Act.
For Order
The Tribunal directed the appellant builder to issue a demand letter/offer of possession within 15 days and ordered both parties to appear at the next hearing for potential settlement.
For Order
The Tribunal directed the appellant to produce evidence of a formal offer of possession following the issuance of OC/CC and clarified that while interest for delay applies up to the OC/CC date, the issue of holding charges remains undecided.
For Order
The Tribunal directed the appellant to issue a demand letter for outstanding dues within two days and ordered the respondent to file objections to said demand before the next hearing on 06.09.2022.
For Order
The Tribunal noted that the appeal was already scheduled for 18.08.2022 and ordered it to be listed on that date for hearing.
Hearing
The Tribunal directed the Managing Director/authorized representative of the appellant company to appear at the next hearing for final settlement regarding the possession of the flat and the waiver of various charges.
Hearing
The Tribunal granted the respondent 20 days to file a reply to the grounds of appeal, along with a list of dates and events and supporting judgments, and scheduled the matter for July 7, 2022.
Hearing
The Tribunal directed the appellant to file a rejoinder/replication against the respondent's reply and serve it via email before the next hearing on 28.04.2022.
Further Order
The Tribunal granted the respondents a one-week extension to file objections to the grounds of appeal and directed both parties to exchange pleadings via email and upload them to the e-portal before the next hearing on 22.03.2022.
Defect Removal
The Tribunal directed the Registry to register the defective appeal as a Regular Appeal and ordered the respondent to file a reply to the grounds of appeal within 10 days.
Defect Removal
The Tribunal stayed the recovery certificate following the appellant's compliance with Section 43(5) of the Act and deposit of Rs. 7,89,214/-.
Defect Removal
The appellant has deposited the required amount of Rs. 7,89,214/- under Section 43(5) of the Act; the court directed the appellant to serve a copy of the appeal to the respondent and ordered the respondent to file a reply by the next hearing on 22.11.2021.
Defect Removal
The Tribunal granted the appellant a final opportunity to deposit the remaining amount required for compliance with Section 43(5) of the Act; subsequently, the appellant's counsel appeared and submitted proof of payment via bank draft and a CA certificate.
Compliance of section 43(5)
The Tribunal granted a request to list this appeal alongside Appeal No. 586/2021 on 07.10.2021 and directed parties to exchange pleadings and file originals in the Registry prior to the next hearing.
Compliance of section 43(5)
The Tribunal granted the appellant a final one-week extension to rectify registry defects and ensure compliance with Section 43(5) of the Act, failing which the case may be dismissed.
Defect Removal
The Tribunal directed the applicant to ensure compliance with Section 43(5) of the Act and rectify registry defects, warning that failure to do so may result in the dismissal of the case.
For Order
The Tribunal adjourned the appeal due to the absence of both parties and scheduled a revised hearing date for March 4, 2021, to address the defective appeal.
Admission
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act and rectify registry defects, warning that failure to do so by the next hearing will result in dismissal.
Tribunal Order #0901126007292021-20-10-2022
The Tribunal directed the appellant to handover possession of the flat to the respondent by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and funds deposited under Section 43(5) of the Act.
Tribunal Order #0901126007292021-06-09-2022
The Tribunal directed the appellant to produce evidence of a formal offer of possession following the issuance of OC/CC and clarified that while interest for delay applies up to the OC/CC date, the issue of holding charges remains undecided.
Tribunal Order #0901126007292021-07-07-2022
The Tribunal directed the Managing Director/authorized representative of the appellant company to appear at the next hearing for final settlement regarding the possession of the flat and the waiver of various charges.
Tribunal Order #0901126007292021-16-12-2022
The Tribunal directed the appellant to hand over physical possession of the flat to the respondent by 25.12.2022 and ordered the release of funds deposited under Section 43(5) of the Act to the respondent upon application.
Tribunal Order #0901126007292021-23-11-2022
The Tribunal directed the appellant to execute the sale deed within 15 days and handover possession of the flat to the respondents, upon which the respondent shall pay maintenance charges and the appellant shall transfer the Section 43(5) deposited amount to the respondent.
Tribunal Order #0901126007292021-19-09-2022
The Tribunal directed the appellant builder to issue a demand letter/offer of possession within 15 days and ordered both parties to appear at the next hearing for potential settlement.
Tribunal Order #0901126007292021-18-08-2022
The Tribunal directed the appellant to issue a demand letter for outstanding dues within two days and ordered the respondent to file objections to said demand before the next hearing on 06.09.2022.
Tribunal Order #0901126007292021-04-03-2021
The Tribunal directed the applicant to ensure compliance with Section 43(5) of the Act and rectify registry defects, warning that failure to do so may result in the dismissal of the case.
Tribunal Order #0901126007292021-22-11-2021
The Tribunal stayed the recovery certificate following the appellant's compliance with Section 43(5) of the Act and deposit of Rs. 7,89,214/-.
Tribunal Order #0901126007292021-26-10-2021
The appellant has deposited the required amount of Rs. 7,89,214/- under Section 43(5) of the Act; the court directed the appellant to serve a copy of the appeal to the respondent and ordered the respondent to file a reply by the next hearing on 22.11.2021.
Tribunal Order #0901126007292021-20-10-2021
The Tribunal granted the appellant a final opportunity to deposit the remaining amount required for compliance with Section 43(5) of the Act; subsequently, the appellant's counsel appeared and submitted proof of payment via bank draft and a CA certificate.
Tribunal Disposal & Final Award Ruling
The Tribunal directed the appellant to hand over physical possession of the flat to the respondent by 25.12.2022 and ordered the release of funds deposited under Section 43(5) of the Act to the respondent upon application. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal directed the appellant to hand over physical possession of the flat to the respondent by 25.12.2022 and ordered the release of funds deposited under Section 43(5) of the Act to the respondent upon application.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
- Sandeep Singh
- Abhishek Shukla
Respondent Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Official RERA Tribunal Orders (11)
The Tribunal directed the appellant to handover possession of the flat to the respondent by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and funds deposited under Section 43(5) of the Act.
The Tribunal directed the appellant to produce evidence of a formal offer of possession following the issuance of OC/CC and clarified that while interest for delay applies up to the OC/CC date, the issue of holding charges remains undecided.
The Tribunal directed the Managing Director/authorized representative of the appellant company to appear at the next hearing for final settlement regarding the possession of the flat and the waiver of various charges.
The Tribunal directed the appellant to hand over physical possession of the flat to the respondent by 25.12.2022 and ordered the release of funds deposited under Section 43(5) of the Act to the respondent upon application.
The Tribunal directed the appellant to execute the sale deed within 15 days and handover possession of the flat to the respondents, upon which the respondent shall pay maintenance charges and the appellant shall transfer the Section 43(5) deposited amount to the respondent.
The Tribunal directed the appellant builder to issue a demand letter/offer of possession within 15 days and ordered both parties to appear at the next hearing for potential settlement.
The Tribunal directed the appellant to issue a demand letter for outstanding dues within two days and ordered the respondent to file objections to said demand before the next hearing on 06.09.2022.
The Tribunal directed the applicant to ensure compliance with Section 43(5) of the Act and rectify registry defects, warning that failure to do so may result in the dismissal of the case.
The Tribunal stayed the recovery certificate following the appellant's compliance with Section 43(5) of the Act and deposit of Rs. 7,89,214/-.
The appellant has deposited the required amount of Rs. 7,89,214/- under Section 43(5) of the Act; the court directed the appellant to serve a copy of the appeal to the respondent and ordered the respondent to file a reply by the next hearing on 22.11.2021.
The Tribunal granted the appellant a final opportunity to deposit the remaining amount required for compliance with Section 43(5) of the Act; subsequently, the appellant's counsel appeared and submitted proof of payment via bank draft and a CA certificate.
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