Appellant / Complainant
Ritu Sharma
Respondent
Elegant Infracon Pvt Ltd
elegant infracon pvt ltd
₹10,98,572
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 0901126013472022 by Ritu Sharma against Elegant Infracon Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and imposing litigation costs while ordering the Regulatory Authority to penalize the respondent for fraud and unfair trade practices.
Hearing
The Tribunal granted a request for adjournment by the respondent's counsel and rescheduled the hearing to 14.11.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal has adjourned the appeal to 16.10.2024 following a request made by both parties.
Hearing
The Tribunal granted a final opportunity to the respondent for adjournment and rescheduled the appeal for orders/hearing on 12.09.2024.
Hearing
The Tribunal granted a joint request from the counsel for both parties to list the appeal for orders or hearing on 15.05.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a personal bereavement and rescheduled the appeal for hearing on 16.04.2024.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 906/2021 for the directions regarding this matter.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and rescheduled the hearing for 20.02.2024.
Hearing
The Tribunal granted a joint request from the counsels of both parties to reschedule the hearing of Appeal-185/2022 to 10.07.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel to review late-received objections and rescheduled the hearing for 08.05.2023.
Hearing
The Tribunal has revised the listing of the appeal to 26.04.2023 following a joint request from the counsels for both parties.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and rescheduled the hearing for 12.04.2023.
Hearing
The Tribunal ordered the case to be listed for a hearing on 13.03.2023 and referred to a previous order passed in Appeal No. 906/2021.
Hearing
The Tribunal ordered the case to be listed on 23.01.2023 for further orders.
Hearing
This is a procedural order directing the parties to refer to a previous order passed in Appeal No. 906/2021.
Hearing
The respondent's counsel requested additional time to prepare his brief to assist the Tribunal, resulting in a procedural adjournment.
Hearing
The Tribunal granted both parties additional time to file replies and prepare briefs, subsequently adjourning the matter to 25.11.2022.
Hearing
The Tribunal granted the respondent three days to file a supplementary affidavit subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
Hearing
The Tribunal noted the filing of the appellant's rejoinder and, upon joint request from both parties, adjourned the matter to be listed for hearing on 19.10.2022.
Delay condonation
The Tribunal directed the respondent to file a reply to the memo of appeal and serve a copy to the appellant's counsel via email, scheduling the next hearing for September 7, 2022.
Delay condonation
The Tribunal adjourned the matter to 05.09.2022 because neither party appeared in court and the respondent had previously failed to file their Vakalatnama and reply.
Delay condonation
The Tribunal directed the Registry to convert the case from a defective appeal to a regular appeal after finding it was filed within the limitation period, and granted the respondent two weeks to file objections.
Delay condonation
The Tribunal directed the respondent to file objections to the application for condonation of delay and the grounds of appeal within one week, and ordered both parties to upload their pleadings to the e-portal.
Defect Removal
The Tribunal granted the appellant one week to remove registry defects and directed the issuance of notice to the respondent for the next hearing on 10.05.2022.
Tribunal Order #0901126013472022-14-11-2024
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and imposing litigation costs while ordering the Regulatory Authority to penalize the respondent for fraud and unfair trade practices.
Tribunal Order #0901126013472022-20-07-2022
The Tribunal directed the Registry to convert the case from a defective appeal to a regular appeal after finding it was filed within the limitation period, and granted the respondent two weeks to file objections.
Tribunal Order #0901126013472022-10-05-2022
The Tribunal directed the respondent to file objections to the application for condonation of delay and the grounds of appeal within one week, and ordered both parties to upload their pleadings to the e-portal.
Tribunal Order #0901126013472022-19-10-2022
The Tribunal granted the respondent three days to file a supplementary affidavit subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and imposing litigation costs while ordering the Regulatory Authority to penalize the respondent for fraud and unfair trade practices. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and imposing litigation costs while ordering the Regulatory Authority to penalize the respondent for fraud and unfair trade practices.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Dron Mishra
Respondent Advocate(s)
- Prashant Kumar
Official RERA Tribunal Orders (4)
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and imposing litigation costs while ordering the Regulatory Authority to penalize the respondent for fraud and unfair trade practices.
The Tribunal directed the Registry to convert the case from a defective appeal to a regular appeal after finding it was filed within the limitation period, and granted the respondent two weeks to file objections.
The Tribunal directed the respondent to file objections to the application for condonation of delay and the grounds of appeal within one week, and ordered both parties to upload their pleadings to the e-portal.
The Tribunal granted the respondent three days to file a supplementary affidavit subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
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