Appellant / Complainant
Maxblis Construction Private Limited
Respondent
Neelam Aggarwal
maxblis construction private limited
₹36,00,100
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 0901126015832022 by Maxblis Construction Private Limited against Neelam Aggarwal before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order, ruling that the project was not an 'ongoing project' under the RERA Act 2016 because the occupation certificate and possession occurred prior to the Act's enforcement.
For Order
The Tribunal heard arguments regarding the applicability of the Real Estate (Regulation and Development) Act 2016 to a project based on its Occupancy Certificate date versus its registration date, but reserved judgment on the matter.
Notice
The Tribunal granted an adjournment of the proceedings following informal notification from the respondent and rescheduled the hearing for 24.11.2022.
Notice
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that the reply be uploaded to the e-portal and emailed to the respondent. The matter is listed for hearing on 19.10.2022.
Defect Removal
The Tribunal condoned a two-day delay in filing the appeal to comply with the 60-day mandate of Section 44(5) of the Act and directed the Registry to convert the defective appeal into a regular one.
Defect Removal
The Tribunal granted the applicant three days to remove defects in the filing and scheduled the case for orders on August 31, 2022.
Defect Removal
The Tribunal granted the appellant one week to rectify six identified procedural defects in the appeal, failing which the appeal will be dismissed. The matter is listed for 18.08.2022.
Tribunal Order #0901126015832022-24-11-2022
The Tribunal heard arguments regarding the applicability of the Real Estate (Regulation and Development) Act 2016 to a project based on its Occupancy Certificate date versus its registration date, but reserved judgment on the matter.
Tribunal Order #0901126015832022-18-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order, ruling that the project was not an 'ongoing project' under the RERA Act 2016 because the occupation certificate and possession occurred prior to the Act's enforcement.
Tribunal Order #0901126015832022-31-08-2022
The Tribunal condoned a two-day delay in filing the appeal to comply with the 60-day mandate of Section 44(5) of the Act and directed the Registry to convert the defective appeal into a regular one.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order, ruling that the project was not an 'ongoing project' under the RERA Act 2016 because the occupation certificate and possession occurred prior to the Act's enforcement. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order, ruling that the project was not an 'ongoing project' under the RERA Act 2016 because the occupation certificate and possession occurred prior to the Act's enforcement.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.05.2017 till the date of receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rama Kant
Official RERA Tribunal Orders (3)
The Tribunal heard arguments regarding the applicability of the Real Estate (Regulation and Development) Act 2016 to a project based on its Occupancy Certificate date versus its registration date, but reserved judgment on the matter.
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order, ruling that the project was not an 'ongoing project' under the RERA Act 2016 because the occupation certificate and possession occurred prior to the Act's enforcement.
The Tribunal condoned a two-day delay in filing the appeal to comply with the 60-day mandate of Section 44(5) of the Act and directed the Registry to convert the defective appeal into a regular one.
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