Appellant / Complainant
Antriksh Realtech Pvt. Ltd.
Respondent
Amit Saxena
antriksh realtech pvt. ltd.
₹9,80,765
Respondent
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 0901126016532023 by Antriksh Realtech Pvt. Ltd. against Amit Saxena before up_rera.
For Order
The Tribunal clarified its regulations regarding the transfer of pre-deposited amounts under Section 43(5) to the Regulatory Authority for allottee recovery when a promoter's appeal is dismissed, and disposed of the application as the funds had already been remitted.
For Order
The Tribunal scheduled the case for hearing on 19.06.2024 to comply with a High Court directive and noted that no further adjournments will be granted.
For Order
The Tribunal directed the transfer of the appellant's pre-deposited amount under Section 43(5) to U.P. RERA for disbursement to the respondent via execution proceedings following the dismissal of the appeal for want of prosecution.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the application for consideration on 13.10.2023.
For Order
The matter is adjourned to 05.09.2023 because the respondent's counsel is unwell; the application regarding the release of deposited amounts under Section 43(5) will be heard on that date.
For Order
The Tribunal granted a joint request from both parties to list the application regarding the release of funds deposited under Section 43(5) of the Act on 24.08.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to a bereavement in their family and rescheduled the application for consideration to 11.08.2023.
For Order
The Tribunal has adjourned the application for the release of funds to 03.08.2023 due to the absence of the applicant's counsel.
For Order
The Tribunal issued a notice to the Appellant regarding the Respondent's application for the release of funds deposited under Section 43(5) of the Act and scheduled the matter for hearing on 09.05.2023.
Tribunal Order #0901126016532023-19-06-2024
The Tribunal clarified its regulations regarding the transfer of pre-deposited amounts under Section 43(5) to the Regulatory Authority for allottee recovery when a promoter's appeal is dismissed, and disposed of the application as the funds had already been remitted.
Tribunal Order #0901126016532023-17-01-2024
The Tribunal directed the transfer of the appellant's pre-deposited amount under Section 43(5) to U.P. RERA for disbursement to the respondent via execution proceedings following the dismissal of the appeal for want of prosecution.
Tribunal Disposal & Final Award Ruling
The Tribunal clarified its regulations regarding the transfer of pre-deposited amounts under Section 43(5) to the Regulatory Authority for allottee recovery when a promoter's appeal is dismissed, and disposed of the application as the funds had already been remitted. The Tribunal directed the transfer of the appellant's pre-deposited amount under Section 43(5) to U.P. RERA for disbursement to the respondent via execution proceedings following the dismissal of the appeal for want of prosecution. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal clarified its regulations regarding the transfer of pre-deposited amounts under Section 43(5) to the Regulatory Authority for allottee recovery when a promoter's appeal is dismissed, and disposed of the application as the funds had already been remitted. The Tribunal directed the transfer of the appellant's pre-deposited amount under Section 43(5) to U.P. RERA for disbursement to the respondent via execution proceedings following the dismissal of the appeal for want of prosecution.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of deposit of the amount till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Respondent Advocate(s)
- Tushar Bahadur
Official RERA Tribunal Orders (2)
The Tribunal clarified its regulations regarding the transfer of pre-deposited amounts under Section 43(5) to the Regulatory Authority for allottee recovery when a promoter's appeal is dismissed, and disposed of the application as the funds had already been remitted.
The Tribunal directed the transfer of the appellant's pre-deposited amount under Section 43(5) to U.P. RERA for disbursement to the respondent via execution proceedings following the dismissal of the appeal for want of prosecution.
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