Appellant / Complainant
Rajesh Kumar, Praveen Goel, Ramesh Bhojwani, Sumit Kumar
Respondent
Gayatri Developwell Pvt Ltd
gayatri developwell pvt ltd
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 0901126012992021 by Rajesh Kumar, Praveen Goel, Ramesh Bhojwani, Sumit Kumar against Gayatri Developwell Pvt Ltd before up_rera.
Further Order
The Appellate Tribunal remanded the appeal back to the Regulatory Authority for a fresh decision on merits, noting that previous dismissals based on the definition of 'allottee' under Section 2(d) were inconsistent with prior rulings in similar cases.
Further Order
The Tribunal directed the respondent to upload their reply to the grounds of appeal on the e-Portal and instructed the appellant to file a replication/rejoinder before the next hearing date.
Delay condonation
The Tribunal noted that the appeal was filed within the prescribed time limit and granted the respondent a final opportunity to file their reply via email before the next hearing.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections regarding limitation due to non-appearance and adjourned the matter to 24.12.2021.
to file objections and its reply
The Tribunal granted the respondent one final week to file objections to the application for condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for library books.
to file objections and its reply
The Tribunal granted the respondent two weeks to file objections and directed both parties to exchange replies via email and upload documents to the e-portal before the next hearing on 09.11.2021.
For Order
The Tribunal directed the parties to exchange copies of the memo of appeal, objections, and replies via email and to upload their respective filings on the e-portal before the next hearing scheduled for 06.10.2021.
Defect Removal
The Tribunal granted the appellant three days to rectify defects identified by the Registry and scheduled the appeal for a hearing on March 1, 2021.
Tribunal Order #0901126012992021-06-04-2022
The Appellate Tribunal remanded the appeal back to the Regulatory Authority for a fresh decision on merits, noting that previous dismissals based on the definition of 'allottee' under Section 2(d) were inconsistent with prior rulings in similar cases.
Tribunal Order #0901126012992021-09-11-2021
The Tribunal granted the respondent one final week to file objections to the application for condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for library books.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal remanded the appeal back to the Regulatory Authority for a fresh decision on merits, noting that previous dismissals based on the definition of 'allottee' under Section 2(d) were inconsistent with prior rulings in similar cases. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal remanded the appeal back to the Regulatory Authority for a fresh decision on merits, noting that previous dismissals based on the definition of 'allottee' under Section 2(d) were inconsistent with prior rulings in similar cases.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anuj Tandon
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (2)
The Appellate Tribunal remanded the appeal back to the Regulatory Authority for a fresh decision on merits, noting that previous dismissals based on the definition of 'allottee' under Section 2(d) were inconsistent with prior rulings in similar cases.
The Tribunal granted the respondent one final week to file objections to the application for condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for library books.
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