Appellant / Complainant
Amber Hasan
Respondent
Supertech Realtors Ltd.
supertech realtors ltd.
₹70,00,000
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 0901126015102020 by Amber Hasan against Supertech Realtors Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and the respondent's cancellation of the allotment, directing the promoter to issue a formal offer of possession with OC/CC within 45 days and granting the appellant interest at MCLR+1% for the delay period.
Hearing
The Tribunal heard arguments from both parties regarding Appeal-211/2020 and reserved the judgment for a later date.
Hearing
The Tribunal granted a request for adjournment due to the respondent's counsel's personal difficulty and rescheduled the hearing for 17.02.2023, with a directive that no further adjournments will be permitted on that date.
Hearing
The Tribunal directed the respondent to provide details of an alternative flat and pricing (based on old rates) via the e-Portal if they intend to offer possession, following the appellant's claim that their allotted unit was sold to another party.
Hearing
The Tribunal granted a request from the appellant's counsel for a short adjournment to settle the matter and rescheduled the hearing to 16.11.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and noted a potential settlement between the parties, rescheduling the matter for 18.10.2022.
Hearing
The Tribunal granted an adjournment to allow the parties to attempt a settlement, directing that a settlement deed be submitted if reached, otherwise the matter will proceed on merit on 14.09.2022.
For Order
The Tribunal noted that settlement efforts are ongoing between the parties and adjourned the matter to 17.08.2022 for hearing.
For Order
The Tribunal directed the appellant's counsel to provide the memo of appeal to the respondent's new counsel and ordered the respondent to file a list of dates and events, adjourning the matter to 06.07.2022.
For Order
The Tribunal allowed the respondent's recall application to set aside the ex-parte order dated 08.11.2021, subject to a cost of Rs. 10,000 to be split between the Tribunal fund and the appellant.
For Order
The Tribunal noted the respondent's request to file an application for recall of the ex-parte order dated 08.11.2021 and scheduled the appeal for a final hearing on 28.03.2022.
Further Order
The Tribunal adjourned the appeal due to the absence of parties at the initial call and rescheduled the matter for hearing on 11.01.2022.
Defect Removal
The Tribunal ordered the case to proceed ex-parte against the respondent, M/s Supertech Realtors Ltd., due to their repeated failure to appear despite being aware of the proceedings.
Delay condonation
The Tribunal condoned a 14-day delay in filing the appeal, granting the applicant the benefit of the Supreme Court's limitation extensions due to the COVID-19 lockdown, and directed the registry to register the matter as a regular appeal.
Delay condonation
The Tribunal adjourned the case due to a request from the respondent's counsel and directed parties to exchange affidavits regarding an application for condonation of delay via email and upload pleadings to the e-portal.
Delay condonation
The Tribunal granted an adjournment request from the respondent's counsel due to COVID-19 quarantine and rescheduled the matter for hearing on 13.04.2021.
Delay condonation
The case was adjourned due to a lawyer strike called by the Oudh Bar Association and is rescheduled for hearing on 23.03.2021.
Delay condonation
The Tribunal granted a request to reschedule the case to 11.02.2021 for the consideration of an application regarding the condonation of delay.
Tribunal Order #0901126015102020-08-11-2021
The Tribunal ordered the case to proceed ex-parte against the respondent, M/s Supertech Realtors Ltd., due to their repeated failure to appear despite being aware of the proceedings.
Tribunal Order #0901126015102020-21-10-2021
The Tribunal condoned a 14-day delay in filing the appeal, granting the applicant the benefit of the Supreme Court's limitation extensions due to the COVID-19 lockdown, and directed the registry to register the matter as a regular appeal.
Tribunal Order #0901126015102020-31-05-2023
The Tribunal set aside the Regulatory Authority's order and the respondent's cancellation of the allotment, directing the promoter to issue a formal offer of possession with OC/CC within 45 days and granting the appellant interest at MCLR+1% for the delay period.
Tribunal Order #0901126015102020-16-11-2022
The Tribunal directed the respondent to provide details of an alternative flat and pricing (based on old rates) via the e-Portal if they intend to offer possession, following the appellant's claim that their allotted unit was sold to another party.
Tribunal Order #0901126015102020-28-03-2022
The Tribunal allowed the respondent's recall application to set aside the ex-parte order dated 08.11.2021, subject to a cost of Rs. 10,000 to be split between the Tribunal fund and the appellant.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and the respondent's cancellation of the allotment, directing the promoter to issue a formal offer of possession with OC/CC within 45 days and granting the appellant interest at MCLR+1% for the delay period. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and the respondent's cancellation of the allotment, directing the promoter to issue a formal offer of possession with OC/CC within 45 days and granting the appellant interest at MCLR+1% for the delay period.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the proposed date of offer of possession in the letter of allotment till the receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shruti Dixit
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (5)
The Tribunal ordered the case to proceed ex-parte against the respondent, M/s Supertech Realtors Ltd., due to their repeated failure to appear despite being aware of the proceedings.
The Tribunal condoned a 14-day delay in filing the appeal, granting the applicant the benefit of the Supreme Court's limitation extensions due to the COVID-19 lockdown, and directed the registry to register the matter as a regular appeal.
The Tribunal set aside the Regulatory Authority's order and the respondent's cancellation of the allotment, directing the promoter to issue a formal offer of possession with OC/CC within 45 days and granting the appellant interest at MCLR+1% for the delay period.
The Tribunal directed the respondent to provide details of an alternative flat and pricing (based on old rates) via the e-Portal if they intend to offer possession, following the appellant's claim that their allotted unit was sold to another party.
The Tribunal allowed the respondent's recall application to set aside the ex-parte order dated 08.11.2021, subject to a cost of Rs. 10,000 to be split between the Tribunal fund and the appellant.
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