Appellant / Complainant
Ajay Thapliyal
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association
antriksh realtech pvt ltd
₹30,41,172
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 0901126012512024 by Ajay Thapliyal against Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association before up_rera.
Delay condonation
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Delay condonation
The Tribunal refers the parties to a previously passed order dated in Appeal No. D 645/2023 for the relevant directions.
Hearing
Upon the joint request of both parties, the Tribunal has scheduled the appeal for a hearing on November 12, 2024.
Defect Removal
The Tribunal accepted service of notice on respondent no.3 via WhatsApp/email and granted various respondents time to file objections, scheduling the case for orders on 03.10.2024.
Defect Removal
The Tribunal granted the appellant's request for additional time to file an affidavit of service for respondent no. 3 and adjourned the matter to August 1, 2024.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on 04.07.2024.
Defect Removal
The Tribunal granted the respondent's counsel three days to file an application for condonation of delay and scheduled the defective appeal for orders on 14.05.2024.
Defect Removal
The Tribunal granted the appellant one week to file an application for condonation of delay and scheduled the defective appeal for hearing on May 3, 2024.
Tribunal Order #0901126012512024-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Amish Dabas
Official RERA Tribunal Orders (1)
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
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