Appellant / Complainant
Jagdamba Prasad Srivastava, Manish Srivastava Ors, Suchi Srivastava
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Sahara Prime City Limited
sahara prime city limited
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 0901126016722021 by Jagdamba Prasad Srivastava, Manish Srivastava Ors, Suchi Srivastava against Uttar Pradesh Real Estate Regulatory Authority, Sahara Prime City Limited before up_rera.
Final Hearing
The Appellate Tribunal set aside the Regulatory Authority's order dated 19.01.2021 and remanded the case back for fresh disposal, ruling that the executing authority cannot go behind the original decree regarding the validity of possession offers.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and directed the parties to exchange pleadings.
Hearing
The Tribunal granted a one-week extension to the respondent's counsel to file an objection/reply and directed both parties to upload their pleadings on the e-portal before the next hearing on 06.01.2022.
Hearing
The Tribunal granted the respondent 10 days to file objections and directed both parties to upload their pleadings on the e-portal before the next hearing scheduled for 14.12.2021.
Hearing on Appeal
The Tribunal directed the appellant to file a replication or rejoinder affidavit if desired and scheduled the case for further orders on 25.11.2021.
Hearing on Appeal
The Tribunal granted the respondents two weeks to file objections to the grounds of appeal and adjourned the matter to 27.10.2021 due to the appellant's counsel being on leave.
Hearing on Appeal
The Tribunal directed the appellant to serve the appeal documents to the respondent via email and set a timeline for filing objections and replies before the next hearing on 05.10.2021.
Hearing on Appeal
The Tribunal issued notice to the respondents and established a procedural timeline for the exchange of appeal memos, objections, and replies via email and the e-portal.
Tribunal Order #0901126016722021-09-03-2022
The Appellate Tribunal set aside the Regulatory Authority's order dated 19.01.2021 and remanded the case back for fresh disposal, ruling that the executing authority cannot go behind the original decree regarding the validity of possession offers.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order dated 19.01.2021 and remanded the case back for fresh disposal, ruling that the executing authority cannot go behind the original decree regarding the validity of possession offers. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order dated 19.01.2021 and remanded the case back for fresh disposal, ruling that the executing authority cannot go behind the original decree regarding the validity of possession offers.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
delayed period till the date of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Ankit Kumar
- Surendra Kumar Mishra
Official RERA Tribunal Orders (1)
The Appellate Tribunal set aside the Regulatory Authority's order dated 19.01.2021 and remanded the case back for fresh disposal, ruling that the executing authority cannot go behind the original decree regarding the validity of possession offers.
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