Appellant / Complainant
Niteeka Gupta, Neetika Gupta, Divyanshu Gupta
Respondent
Real Estate Regulatory Authority, Tulsiani Constructions and Developers Private Limited
tulsiani constructions and developers private limited
₹46,12,073
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 0901126017262022 by Niteeka Gupta, Neetika Gupta, Divyanshu Gupta against Real Estate Regulatory Authority, Tulsiani Constructions and Developers Private Limited before up_rera.
Delay condonation
The Tribunal set aside the Regulatory Authority's order dated 02.02.2022, which had erroneously disposed of execution proceedings based on a settlement deed belonging to a different case, and remanded the matter back to the Regulatory Authority for fresh execution proceedings.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders/hearing on 22.05.2024.
Delay condonation
Upon the joint request of both counsels, the tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay on 22.04.2024.
Delay condonation
The court noted the illness of the appellant's counsel and rescheduled the hearing for the application for condonation of delay to 09.04.2024.
Delay condonation
The Tribunal noted that the appeal is ready for hearing and scheduled the matter for a subsequent hearing on 20.03.2024.
Delay condonation
The Tribunal granted a request for adjournment due to the respondent's counsel being out of station and rescheduled the hearing for February 21, 2024.
Delay condonation
Upon the joint request of the counsels for both parties, the appeal has been adjourned and listed for hearing on 11.10.2023.
Delay condonation
The Tribunal granted a 10-day extension to the appellant's counsel to file a reply to the objections due to his unavailability in the High Court.
Delay condonation
The Tribunal noted the absence of the respondent's counsel due to sanctioned leave and adjourned the matter to 02.08.2023 for orders or hearing.
Delay condonation
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the matter for hearing on 22.05.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on April 10, 2023.
Delay condonation
The Tribunal noted the respondent's submission regarding an active NCLT moratorium affecting the builder company and adjourned the defective appeal to 25.01.2023.
Delay condonation
The Tribunal granted an adjournment application filed by the respondent's counsel and scheduled the matter for 15.12.2022 to address the disposal of a delay condonation application.
Delay condonation
The Tribunal granted respondent No. 2 a final opportunity to file a reply to the grounds of appeal and scheduled the matter for further orders on November 18, 2022.
Further Order
The Tribunal directed Respondent No. 2 (M/s. Tulsayani Construction Pvt. Ltd.) to file its Vakalatnama within 10 days and submit a reply to the grounds of appeal before the next hearing date.
Hearing
The Tribunal granted an adjournment requested by the applicant's counsel due to the unavailability of senior counsel and rescheduled the matter for August 17, 2022.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to remove registry defects and serve notice via speed-post and email.
Tribunal Order #0901126017262022-22-05-2024
The Tribunal set aside the Regulatory Authority's order dated 02.02.2022, which had erroneously disposed of execution proceedings based on a settlement deed belonging to a different case, and remanded the matter back to the Regulatory Authority for fresh execution proceedings.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order dated 02.02.2022, which had erroneously disposed of execution proceedings based on a settlement deed belonging to a different case, and remanded the matter back to the Regulatory Authority for fresh execution proceedings. Awarded in favor of Appellant. Awarded interest rate: 10% per annum up to 30.04.2016 and thereafter at the rate of MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order dated 02.02.2022, which had erroneously disposed of execution proceedings based on a settlement deed belonging to a different case, and remanded the matter back to the Regulatory Authority for fresh execution proceedings.
Ruling Awarded To
Appellant
Awarded Interest Rate
10% per annum up to 30.04.2016 and thereafter at the rate of MCLR+1%
Interest Period
up to 30.04.2016 and thereafter for the remaining delay period
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order dated 02.02.2022, which had erroneously disposed of execution proceedings based on a settlement deed belonging to a different case, and remanded the matter back to the Regulatory Authority for fresh execution proceedings.
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