Appellant / Complainant
Adesh Tomar
Respondent
Sangwan Hieghts Pvt. Ltd.
sangwan hieghts pvt. ltd.
₹2,97,875
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 0901126010322020 by Adesh Tomar against Sangwan Hieghts Pvt. Ltd. before up_rera.
Hearing
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 prior to the enforcement of the RERA Act, the appellant is not entitled to interest under RERA but may seek damages for breach of contract through appropriate legal forums.
Hearing
The court granted an adjournment request from the appellant's counsel and scheduled the next hearing for November 27, 2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the appellant seven days to file documents regarding the existence of the project and directed the matter to be listed for hearing on 22.10.2024.
Hearing
The Tribunal adjourned the matter to 12.09.2024 because the respondent's counsel was unavailable.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing of Appeal-395/2020 to 12.07.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for 21.05.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on April 26, 2024, due to lack of time.
Hearing
The Tribunal directed the respondent's counsel to clarify the status of objections and the project's progress, following arguments regarding whether the appeal is maintainable against an unregistered, abandoned project.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a family function and rescheduled the appeal for hearing on 15.03.2024.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 394/2020 for directions.
Hearing
The Tribunal granted the respondent 10 days to file a reply to the appellant's objections and scheduled the next hearing for November 6, 2023.
Final Hearing
The Tribunal granted an exemption for the respondent's CMD due to illness and adjourned the proceedings because the appellant's counsel was on sanctioned leave, rescheduling the hearing for 25.05.2023.
Final Hearing
The Tribunal rescheduled the appearance of the Respondent's Managing Director to 05.05.2023 following a previous non-listing due to the unavailability of the Bench.
Final Hearing
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and to show cause why proceedings should not be initiated under Section 64 of the Act 2016.
Final Hearing
The Tribunal directed the respondent company to file an affidavit through its Managing Director regarding the decision to abandon the project and whether any new projects have been launched on the same land.
Final Hearing
The Tribunal noted the respondent's counsel's inability to attend due to waterlogging and adjourned the matter for hearing on 17.10.2022.
Final Hearing
The order indicates that no further time was available for proceedings in the matter of Adesh Tomar vs. M/S Sangwan Hieghts Pvt. Ltd. on 01.09.2022.
Final Hearing
The Tribunal noted the filing of an affidavit by the respondent and adjourned the appeal for a hearing on 01.09.2022.
Final Hearing
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
Final Hearing
The Tribunal granted the respondent a final opportunity to file an affidavit as per the previous order and adjourned the matter to 22.07.2022.
Final Hearing
The Tribunal noted that pleadings are complete and scheduled the appeal for a final hearing on 12.05.2022.
Final Hearing
The Tribunal directed the respondent to file an affidavit regarding certain facts and scheduled the matter for further orders on 05.04.2022.
Final Hearing
The Tribunal granted the respondent a 10-day extension to comply with the previous order dated 16.12.2021 and scheduled the next hearing for 24.01.2022.
Final Hearing
The Tribunal granted the respondent two weeks to file an affidavit for correcting factual errors and bringing documents on record, with a subsequent deadline for the appellant's reply and a new hearing date set for 07.01.2022.
Final Hearing
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and relevant documents detailing the takeover of Shreya Developers and the resulting responsibilities toward allottees.
Final Hearing
The Tribunal directed the respondent to file an affidavit and relevant documents within one week detailing the terms under which they took over Shreya Developers and their specific responsibilities toward existing allottees.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and scheduled the appeal for a final hearing on 18.11.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to heavy rains and rescheduled the appeal for hearing on 22.10.2021.
For Order
Upon the joint request of the counsels for both parties, the matter is adjourned and listed for hearing on 07.04.2021.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the matter for 09.03.2021.
For Order
The Tribunal granted the appellant three days to file a reply to the respondent's objections and scheduled the next hearing for February 18, 2021.
Tribunal Order #0901126010322020-27-11-2024
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 prior to the enforcement of the RERA Act, the appellant is not entitled to interest under RERA but may seek damages for breach of contract through appropriate legal forums.
Tribunal Order #0901126010322020-16-11-2022
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and to show cause why proceedings should not be initiated under Section 64 of the Act 2016.
Tribunal Order #0901126010322020-22-07-2022
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
Tribunal Order #0901126010322020-18-11-2021
The Tribunal directed the respondent to file an affidavit and relevant documents within one week detailing the terms under which they took over Shreya Developers and their specific responsibilities toward existing allottees.
Tribunal Order #0901126010322020-15-03-2024
The Tribunal directed the respondent's counsel to clarify the status of objections and the project's progress, following arguments regarding whether the appeal is maintainable against an unregistered, abandoned project.
Tribunal Order #0901126010322020-17-10-2022
The Tribunal directed the respondent company to file an affidavit through its Managing Director regarding the decision to abandon the project and whether any new projects have been launched on the same land.
Tribunal Order #0901126010322020-07-12-2021
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and relevant documents detailing the takeover of Shreya Developers and the resulting responsibilities toward allottees.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 prior to the enforcement of the RERA Act, the appellant is not entitled to interest under RERA but may seek damages for breach of contract through appropriate legal forums. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 prior to the enforcement of the RERA Act, the appellant is not entitled to interest under RERA but may seek damages for breach of contract through appropriate legal forums.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vinay Pandey
- Prasoon Kumar Anjor
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (7)
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 prior to the enforcement of the RERA Act, the appellant is not entitled to interest under RERA but may seek damages for breach of contract through appropriate legal forums.
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and to show cause why proceedings should not be initiated under Section 64 of the Act 2016.
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
The Tribunal directed the respondent to file an affidavit and relevant documents within one week detailing the terms under which they took over Shreya Developers and their specific responsibilities toward existing allottees.
The Tribunal directed the respondent's counsel to clarify the status of objections and the project's progress, following arguments regarding whether the appeal is maintainable against an unregistered, abandoned project.
The Tribunal directed the respondent company to file an affidavit through its Managing Director regarding the decision to abandon the project and whether any new projects have been launched on the same land.
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and relevant documents detailing the takeover of Shreya Developers and the resulting responsibilities toward allottees.
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