Appellant / Complainant
Sheelu Dengari
Respondent
Sangwan Heights Pvt. Ltd.
sangwan heights pvt. ltd.
₹22,67,750
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 0901126016612020 by Sheelu Dengari against Sangwan Heights Pvt. Ltd. before up_rera.
Further Hearing
The Tribunal dismissed the appeal, ruling that the appellant's complaint was not maintainable under the RERA Act, 2016, because the appellant was not an 'allottee' in the new project, though they retain the right to seek damages or interest in an appropriate forum.
Further Hearing
The Tribunal has adjourned the appeal to 10.04.2025 following a joint request from the counsels for both parties.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for April 8, 2025, noting that no further adjournments will be permitted.
Further Order
The Tribunal directed the appellant's counsel to file a statement computing interest at MCLR+1% on the deposited amount regarding the abandoned project and scheduled the final hearing for March 11, 2025.
Further Order
The Tribunal has scheduled the appeal for a hearing on February 14, 2025, noting that no parties were present during the proceedings.
Further Order
The Tribunal granted an adjournment requested by the respondent despite an existing stop order, imposing a cost of Rs. 2,000 to be deposited for the Tribunal's library.
Hearing
The Tribunal granted the respondent counsel time to seek instructions regarding the promoter's willingness to comply with the conditions stipulated in the letter dated 10.05.2012 and adjourned the matter to 20.12.2024.
Hearing
The court granted an adjournment request from the appellant's counsel and scheduled the next hearing for November 27, 2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 22.10.2024.
Hearing
The Tribunal adjourned the appeal to 12.09.2024 due to the unavailability of the respondent's counsel.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing for 12.07.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for 21.05.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on 26.04.2024 due to a lack of time during the current session.
Hearing
The Tribunal granted the respondent's counsel an additional week to seek instructions and rescheduled the appeal hearing to 03.04.2024.
Hearing
The Tribunal granted the respondent's counsel three days to seek instructions regarding the appellant's interest claim and scheduled the matter for hearing on 18.03.2024.
Hearing
The Tribunal granted an extension of one week for filing objections and directed the appellant to file a reply within a week after receiving said objections, scheduling the next hearing for 15.03.2024.
Hearing
This is a procedural order directing the parties to refer to a previously passed order in Appeal No. 394/2020 for the relevant directions.
Hearing
The Tribunal granted the appellant 10 days to file a supplementary affidavit to provide documents regarding the project's registration status and scheduled the next hearing for 06.11.2023.
Final Hearing
The Tribunal granted an exemption for the respondent's CMD due to illness and adjourned the proceedings because the appellant's counsel is on sanctioned leave, rescheduling the hearing to 25.05.2023.
Final Hearing
The Tribunal rescheduled the appearance of the Respondent's Managing Director to 05.05.2023, as the previous hearing could not take place due to the non-availability of the Bench.
Final Hearing
The Tribunal directed the Managing Director of the respondent to appear in person on 06.12.2022 to explain the failure to comply with previous orders and to show cause why proceedings should not be initiated against him under Section 64 of the Act 2016.
Final Hearing
The Tribunal directed the respondent to file an affidavit through its Managing Director within one week, detailing the Board's decision to abandon the project and clarifying the status of allottees and any subsequent projects on the same land.
Final Hearing
The Tribunal noted the respondent's counsel's inability to attend due to waterlogging and adjourned the matter to 17.10.2022 for hearing.
Final Hearing
The Tribunal has noted that no time is left and has scheduled the appeal for a hearing on 16.09.2022.
Final Hearing
The Tribunal noted the filing of an affidavit by the respondent and scheduled the appeal for a hearing on September 1, 2022.
Final Hearing
The court granted an adjournment requested by the respondent's counsel due to medical exigency and rescheduled the hearing for 05.08.2022.
Final Hearing
The Tribunal adjourned the matter to 22.07.2022, granting the respondent a final opportunity to file an affidavit as previously ordered.
Final Hearing
The Tribunal noted that pleadings are complete and scheduled the appeal for a hearing on 12.05.2022.
Final Hearing
The Tribunal directed the respondent to file an affidavit regarding certain facts and scheduled the next hearing for April 5, 2022.
Delay condonation
The tribunal adjourned the matter to 24.01.2022 to be heard alongside a related pending appeal (Appeal No. 394/2020).
Further Order
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the case as a regular appeal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent and scheduled the case for 10.12.2021 to dispose of the limitation application.
Delay condonation
The Tribunal granted an adjournment requested by the applicant's counsel and rescheduled the case for hearing on 17.11.2021.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to heavy rains and waterlogging, rescheduling the matter to 22.10.2021 to consider the application for condonation of delay.
For Order
The Tribunal granted a request from the counsels for both parties to adjourn the matter and rescheduled the case for hearing on 07.04.2021.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the matter for 09.03.2021.
For Order
The Tribunal granted the appellant three days to file a reply to the respondent's objections and directed both parties to upload their filings on the e-Portal, scheduling the next hearing for 18.02.2021.
Tribunal Order #0901126016612020-10-04-2025
The Tribunal dismissed the appeal, ruling that the appellant's complaint was not maintainable under the RERA Act, 2016, because the appellant was not an 'allottee' in the new project, though they retain the right to seek damages or interest in an appropriate forum.
Tribunal Order #0901126016612020-17-10-2022
The Tribunal directed the respondent to file an affidavit through its Managing Director within one week, detailing the Board's decision to abandon the project and clarifying the status of allottees and any subsequent projects on the same land.
Tribunal Order #0901126016612020-10-12-2021
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the case as a regular appeal.
Tribunal Order #0901126016612020-14-02-2025
The Tribunal directed the appellant's counsel to file a statement computing interest at MCLR+1% on the deposited amount regarding the abandoned project and scheduled the final hearing for March 11, 2025.
Tribunal Order #0901126016612020-20-12-2024
The Tribunal granted an adjournment requested by the respondent despite an existing stop order, imposing a cost of Rs. 2,000 to be deposited for the Tribunal's library.
Tribunal Order #0901126016612020-16-11-2022
The Tribunal directed the Managing Director of the respondent to appear in person on 06.12.2022 to explain the failure to comply with previous orders and to show cause why proceedings should not be initiated against him under Section 64 of the Act 2016.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the appellant's complaint was not maintainable under the RERA Act, 2016, because the appellant was not an 'allottee' in the new project, though they retain the right to seek damages or interest in an appropriate forum. Awarded in favor of Respondent. Awarded interest rate: 18 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the appellant's complaint was not maintainable under the RERA Act, 2016, because the appellant was not an 'allottee' in the new project, though they retain the right to seek damages or interest in an appropriate forum.
Ruling Awarded To
Respondent
Awarded Interest Rate
18 percent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vinay Pandey
- Prasoon Kumar Anjor
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (6)
The Tribunal dismissed the appeal, ruling that the appellant's complaint was not maintainable under the RERA Act, 2016, because the appellant was not an 'allottee' in the new project, though they retain the right to seek damages or interest in an appropriate forum.
The Tribunal directed the respondent to file an affidavit through its Managing Director within one week, detailing the Board's decision to abandon the project and clarifying the status of allottees and any subsequent projects on the same land.
The Tribunal allowed the application for condonation of delay, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the case as a regular appeal.
The Tribunal directed the appellant's counsel to file a statement computing interest at MCLR+1% on the deposited amount regarding the abandoned project and scheduled the final hearing for March 11, 2025.
The Tribunal granted an adjournment requested by the respondent despite an existing stop order, imposing a cost of Rs. 2,000 to be deposited for the Tribunal's library.
The Tribunal directed the Managing Director of the respondent to appear in person on 06.12.2022 to explain the failure to comply with previous orders and to show cause why proceedings should not be initiated against him under Section 64 of the Act 2016.
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