Appellant / Complainant
Amar Nath Ghosh Dastidar
Respondent
Anthem Infrastructure Pvt Ltd.
anthem infrastructure pvt ltd.
₹5,31,038
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 0901126012832021 by Amar Nath Ghosh Dastidar against Anthem Infrastructure Pvt Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal, ruling that an allottee who chooses to take possession is entitled only to interest for delay (to be determined by the Regulatory Authority) and cannot seek 'compensation' from the Adjudicating Officer for delayed possession under Section 18 of the Act.
Hearing
The Tribunal permitted the appellant to argue the case in person after his counsel sought an adjournment, and subsequently reserved the judgment for further consideration.
Hearing
The Tribunal rejected the appellant's request for a hearing due to the respondent's counsel seeking an adjournment on health grounds and scheduled the matter for orders on 06.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Hearing
The Tribunal granted a request for adjournment due to the counsel's unavailability and rescheduled the hearing for 06.09.2023, noting that no further adjournments will be permitted.
Hearing
The Tribunal noted the counsel's leave and the exchange of pleadings, subsequently scheduling the appeal for a hearing on 22.08.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for July 4, 2023.
Hearing
The Tribunal adjourned the proceedings at the request of the respondent's counsel due to lost records and directed the respondent to upload objections to the e-portal within 10 days.
Hearing
The Tribunal granted the appellant's counsel one week to prepare his brief and scheduled the appeal for a final hearing on March 15, 2023.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for hearing on 13.02.2023.
Further Order
The Tribunal adjourned the appeal to 04.11.2022 due to the absence of the respondent.
Further Order
The Tribunal directed the parties to exchange and submit a list of dates, events, and relied-upon judgments before the next hearing, which is scheduled for 29.09.2022.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and directed the respondent to file objections within 10 days, with subsequent instructions for replication and e-portal uploading.
Further Order
The Tribunal granted the appellant three days to file a reply to the respondent's objections and scheduled the next hearing for August 5, 2022.
Further Order
The Tribunal granted the appellant a final opportunity to file a replication against the respondent's reply and scheduled the next hearing for 22.07.2022.
Further Order
The Tribunal adjourned the matter to May 11, 2022, for further orders following submissions by counsel regarding a replication/rejoinder.
Further Order
The Tribunal directed the appellant to file a replication/rejoinder to the respondent's reply and scheduled the next hearing for April 6, 2022.
Delay condonation
The Tribunal condoned a 15-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the Registry to register the defective appeal.
Delay condonation
The Tribunal directed the respondent to file objections against the limitation application within 10 days and scheduled the next hearing for January 4, 2022.
Hearing
The Tribunal directed the parties to exchange pleadings via email and upload them to the e-portal, scheduling the next hearing for consideration of the condonation of delay application on 01.12.2021.
Delay condonation
The Tribunal issued fresh notice to the respondent due to lack of service by the appellant and directed the parties to exchange applications, objections, and replies via post and email before the next hearing on 08.11.2021.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the parties to exchange objections and replies via email before the next hearing on 19.04.2021.
Defect Removal
The Tribunal noted that defects in the application have been rectified and scheduled the matter for March 22, 2021, to consider the application for condonation of delay.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify defect no. 1 as identified by the Registry and scheduled the next hearing for 18.03.2021.
Defect Removal
The Tribunal granted the appellant one week to rectify defect no. 1 as identified by the Registry and scheduled the defective appeal for a hearing on 08.03.2021.
Admission
The Tribunal granted the appellant 24 hours to rectify procedural defects in the appeal and scheduled the matter for a subsequent hearing on February 25, 2021.
Tribunal Order #0901126012832021-07-05-2024
The Appellate Tribunal dismissed the appeal, ruling that an allottee who chooses to take possession is entitled only to interest for delay (to be determined by the Regulatory Authority) and cannot seek 'compensation' from the Adjudicating Officer for delayed possession under Section 18 of the Act.
Tribunal Order #0901126012832021-04-01-2022
The Tribunal condoned a 15-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the Registry to register the defective appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal, ruling that an allottee who chooses to take possession is entitled only to interest for delay (to be determined by the Regulatory Authority) and cannot seek 'compensation' from the Adjudicating Officer for delayed possession under Section 18 of the Act. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal, ruling that an allottee who chooses to take possession is entitled only to interest for delay (to be determined by the Regulatory Authority) and cannot seek 'compensation' from the Adjudicating Officer for delayed possession under Section 18 of the Act.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal, ruling that an allottee who chooses to take possession is entitled only to interest for delay (to be determined by the Regulatory Authority) and cannot seek 'compensation' from the Adjudicating Officer for delayed possession under Section 18 of the Act.
The Tribunal condoned a 15-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the Registry to register the defective appeal.
Need to research all rulings for anthem infrastructure pvt ltd.?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.