Appellant / Complainant
Ganesh Kumar
Respondent
Devika Gold Homz Pvt. Ltd.
devika gold homz pvt. ltd.
₹25,68,735
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 0901126015972021 by Ganesh Kumar against Devika Gold Homz Pvt. Ltd. before up_rera.
Further Hearing
The Tribunal set aside the executing authority's order that restricted the appellant to a single financial benefit, ruling that an executing court cannot go beyond the original decree and remanding the matter for execution of the original order dated 22.07.2019.
Further Hearing
The Tribunal granted the appellant's request for additional time to conduct research and adjourned the matter to 05.02.2024.
Hearing
The Tribunal granted the appellant 24 hours to present judgments regarding the limitations of an executing court's power and listed the appeal for hearing on the following day.
Hearing
The Tribunal directed the respondent to upload their objection online and ordered the appellant to file a physical copy of their reply within one week, scheduling the hearing for 01.02.2024.
Hearing
The Tribunal refused the respondent's counsel's request to not appear, directing that the matter will proceed ex-parte on 11.01.2024 if no representation is made, and emphasized compliance with the statutory 60-day disposal mandate.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the matter for hearing on 28.09.2023, noting that no further adjournments will be permitted on the next date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulty and scheduled the appeal for hearing on 23.08.2023.
Hearing
The Tribunal adjourned the proceedings due to the absence of counsel for the respondent and scheduled the appeal for a hearing on July 6, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the appeal for hearing on 27.04.2023.
Hearing
The Tribunal granted an adjournment requested by both parties and directed them to upload their respective objections and replies within one week, scheduling the next hearing for 17.03.2023.
Hearing
The Tribunal adjourned the appeal to 07.02.2023 because the respondent's counsel were on sanctioned leave.
Hearing
The court granted an adjournment requested by the appellant's counsel, Mr. Amit Yadav, during the hearing on September 28, 2022.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for September 28, 2022.
Hearing
The Tribunal adjourned the appeal to 30.08.2022 and directed counsel Dr. Azhar Ikram to file his Vakalatnama on behalf of the respondent.
Hearing
The Tribunal directed the parties to file written arguments via email at least seven days before the next hearing and scheduled the case for 01.08.2022.
Further Order
The Tribunal adjourned the matter to 23.05.2022 and directed the respondent's counsel to file a Vakalatnama within 10 days.
Further Order
The Tribunal adjourned the matter to 19.04.2022 for hearing due to the non-appearance of the appellant's counsel.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder affidavit against the respondent's reply within one week and scheduled the matter for further orders on 19.01.2022.
Further Order
The Tribunal directed the appellant to file a replication/rejoinder and scheduled the matter for further orders on 23.12.2021.
Further Order
The Tribunal adjourned the appeal to 26.11.2021 and directed the parties to exchange pleadings and file originals with the Registry at least one week before the next hearing.
Hearing
The Tribunal granted the respondent one week to file objections and vakalatnama, directing both parties to upload pleadings on the e-portal before the next hearing scheduled for 02.11.2021.
For Order
The Tribunal directed the respondent to file objections within two weeks and instructed both parties to upload their pleadings on the e-portal before the next hearing scheduled for 06.10.2021.
Notice
The Tribunal directed the Registry to submit a report regarding the issuance of notice to the respondent and scheduled the next hearing for 06.04.2021.
Hearing on Appeal
This text is a formal header/caption of an appeal filed before the U.P. Real Estate Appellate Tribunal, containing case details and presiding members, but does not contain any substantive rulings or directives.
Tribunal Order #0901126015972021-05-02-2024
The Tribunal set aside the executing authority's order that restricted the appellant to a single financial benefit, ruling that an executing court cannot go beyond the original decree and remanding the matter for execution of the original order dated 22.07.2019.
Tribunal Order #0901126015972021-05-01-2024
The Tribunal refused the respondent's counsel's request to not appear, directing that the matter will proceed ex-parte on 11.01.2024 if no representation is made, and emphasized compliance with the statutory 60-day disposal mandate.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the executing authority's order that restricted the appellant to a single financial benefit, ruling that an executing court cannot go beyond the original decree and remanding the matter for execution of the original order dated 22.07.2019. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the executing authority's order that restricted the appellant to a single financial benefit, ruling that an executing court cannot go beyond the original decree and remanding the matter for execution of the original order dated 22.07.2019.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
till handing over of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Tanay Hazari
Respondent Advocate(s)
- Siddharth Nandwani
- N A
Official RERA Tribunal Orders (2)
The Tribunal set aside the executing authority's order that restricted the appellant to a single financial benefit, ruling that an executing court cannot go beyond the original decree and remanding the matter for execution of the original order dated 22.07.2019.
The Tribunal refused the respondent's counsel's request to not appear, directing that the matter will proceed ex-parte on 11.01.2024 if no representation is made, and emphasized compliance with the statutory 60-day disposal mandate.
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