Appellant / Complainant
Viraj Constructions Pvt. Ltd.
Respondent
Mohammed Himayun
viraj constructions pvt. ltd.
Partial
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 0901126012392023 by Viraj Constructions Pvt. Ltd. against Mohammed Himayun before up_rera.
For Order
The Tribunal partially allowed the appeal by setting aside the direction to handover possession of the unit, instead directing that the amount deposited by the appellant promoter be released to the respondent allottee.
For Order
Upon the request of the appellant's counsel, the appeal has been adjourned and listed for orders on 22.11.2024.
Delay condonation
The Tribunal noted that the respondent has no written objections to file and scheduled the case for a final hearing on 17.10.2024.
Delay condonation
The Tribunal noted that the delay in filing the appeal has been previously condoned and, upon joint request from both counsels, scheduled the hearing for September 6, 2024.
Delay condonation
The Tribunal noted the absence of the appellant and directed the respondent's counsel to register his name on the portal before listing the appeal for hearing on 05.07.2024.
Delay condonation
The Tribunal permitted the respondent's counsel to argue based on existing records and rescheduled the hearing for May 7, 2024, to consider the application for condonation of delay.
Delay condonation
The Tribunal has ordered the appeal to be listed for a hearing on 05.04.2024.
Delay condonation
The Tribunal granted the respondent a final 10-day extension to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for March 1, 2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the matter for consideration on 25.07.2023.
Delay condonation
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, while issuing notice to the respondent for May 8, 2023.
Tribunal Order #0901126012392023-22-11-2024
The Tribunal partially allowed the appeal by setting aside the direction to handover possession of the unit, instead directing that the amount deposited by the appellant promoter be released to the respondent allottee.
Tribunal Order #0901126012392023-27-03-2023
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, while issuing notice to the respondent for May 8, 2023.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal by setting aside the direction to handover possession of the unit, instead directing that the amount deposited by the appellant promoter be released to the respondent allottee. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal by setting aside the direction to handover possession of the unit, instead directing that the amount deposited by the appellant promoter be released to the respondent allottee.
Ruling Awarded To
Partial
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Sachin Garg
Respondent Advocate(s)
- Anand Kumar Srivastav
Official RERA Tribunal Orders (2)
The Tribunal partially allowed the appeal by setting aside the direction to handover possession of the unit, instead directing that the amount deposited by the appellant promoter be released to the respondent allottee.
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, while issuing notice to the respondent for May 8, 2023.
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