Appellant / Complainant
Peeyush Mittal
Respondent
Radhey Krishna Techno Build Pvt Ltd
radhey krishna techno build pvt ltd
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 0901126016892022 by Peeyush Mittal against Radhey Krishna Techno Build Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order dated 20.12.2021, ruling that the Authority lacked statutory power to review its previous order, and consequently restored the original order dated 19.01.2021 directing a refund to the appellant.
Hearing
The Tribunal granted an adjournment at the request of the respondent's counsel to research the legal issue regarding U.P. RERA's power of review and rescheduled the hearing for 31.07.2023.
Hearing
The Tribunal granted a request for adjournment by the appellant's counsel and rescheduled the hearing to 05.04.2023.
Exchange of pleadings
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 23.03.2023.
Exchange of pleadings
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 12.12.2022.
Exchange of pleadings
The Tribunal granted the appellant's request for time to file dates and events and scheduled the next hearing for November 16, 2022.
Delay condonation
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 18.10.2022.
Delay condonation
The Tribunal condoned a 47-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal granted the respondent three days to file objections and scheduled the defective appeal for August 5, 2022, to consider an application for condonation of delay.
Notice
The Tribunal granted the respondent 10 days to file a vakalatnama and objections to the application for condonation of delay and the grounds of appeal, with the next hearing scheduled for July 25, 2022.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve notice via speed-post and email.
Tribunal Order #0901126016892022-31-07-2023
The Tribunal set aside the Regulatory Authority's order dated 20.12.2021, ruling that the Authority lacked statutory power to review its previous order, and consequently restored the original order dated 19.01.2021 directing a refund to the appellant.
Tribunal Order #0901126016892022-18-08-2022
The Tribunal condoned a 47-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order dated 20.12.2021, ruling that the Authority lacked statutory power to review its previous order, and consequently restored the original order dated 19.01.2021 directing a refund to the appellant. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order dated 20.12.2021, ruling that the Authority lacked statutory power to review its previous order, and consequently restored the original order dated 19.01.2021 directing a refund to the appellant.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till its refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Anurag Singh
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order dated 20.12.2021, ruling that the Authority lacked statutory power to review its previous order, and consequently restored the original order dated 19.01.2021 directing a refund to the appellant.
The Tribunal condoned a 47-day delay in filing the appeal, citing Supreme Court relaxations due to the COVID-19 pandemic, and directed the Registry to register the defective appeal as a regular appeal.
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