Appellant / Complainant
Nandi Infratech Pvt Ltd
Respondent
Astha Johari, Ashish Jain
nandi infratech pvt ltd
₹4,50,000
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 0901126007902021 by Nandi Infratech Pvt Ltd against Astha Johari, Ashish Jain before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partially allowed the appeal by setting aside the RERA's direction for a 'cash back' offer, ruling that such commercial bargains fall outside the scope of the Act 2016, while upholding other directions regarding possession and farmer compensation.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for July 22, 2022.
Further Order
The Tribunal granted the appellant a 10-day extension to file a reply to the respondent's objections and scheduled the next hearing for May 12, 2022.
Further Order
The Tribunal directed the appellant to file a rejoinder/replication before the next hearing and provided a new listing date of 26.04.2022.
Further Order
The Tribunal directed the respondent's counsel to file a reply to the grounds of appeal and serve it to the appellant via email, adjourning the matter to 04.02.2022.
Further Order
The Tribunal noted the absence of the appellant and directed the respondent to file a reply to the grounds of appeal within one week, adjourning the matter to 10.01.2022.
Delay condonation
The Tribunal granted the respondent 10 days to file their Vakalatnama and reply to the grounds of appeal, adjourning the matter to 07.12.2021.
Defect Removal
The Tribunal converted the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondent.
Defect Removal
The Tribunal granted the appellant one week to remove procedural defects and rescheduled the matter for hearing on 21.10.2021.
Defect Removal
The Tribunal directed the applicant to ensure complete compliance with Section 43(5) of the Act based on the challenged RERA order and to file a fresh C.A. certificate within one week.
Defect Removal
The Tribunal granted the counsel for the appellant a one-week extension to prepare his brief and rescheduled the case for hearing on 17.03.2021.
For Order
The case was adjourned because lawyers were abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for 10.03.2021.
For Order
The Tribunal granted the appellant three additional days to rectify defects identified by the Registry and scheduled the matter for hearing on 24.02.2021.
Tribunal Order #0901126007902021-27-09-2022
The Appellate Tribunal partially allowed the appeal by setting aside the RERA's direction for a 'cash back' offer, ruling that such commercial bargains fall outside the scope of the Act 2016, while upholding other directions regarding possession and farmer compensation.
Tribunal Order #0901126007902021-21-10-2021
The Tribunal converted the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondent.
Tribunal Order #0901126007902021-17-03-2021
The Tribunal directed the applicant to ensure complete compliance with Section 43(5) of the Act based on the challenged RERA order and to file a fresh C.A. certificate within one week.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partially allowed the appeal by setting aside the RERA's direction for a 'cash back' offer, ruling that such commercial bargains fall outside the scope of the Act 2016, while upholding other directions regarding possession and farmer compensation. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partially allowed the appeal by setting aside the RERA's direction for a 'cash back' offer, ruling that such commercial bargains fall outside the scope of the Act 2016, while upholding other directions regarding possession and farmer compensation.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vikram Sonal Singh
- R.K. Singh
Respondent Advocate(s)
- Saurabh Misra
- Vikas Kumar Verma
Official RERA Tribunal Orders (3)
The Appellate Tribunal partially allowed the appeal by setting aside the RERA's direction for a 'cash back' offer, ruling that such commercial bargains fall outside the scope of the Act 2016, while upholding other directions regarding possession and farmer compensation.
The Tribunal converted the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondent.
The Tribunal directed the applicant to ensure complete compliance with Section 43(5) of the Act based on the challenged RERA order and to file a fresh C.A. certificate within one week.
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