Appellant / Complainant
Saurabh Srivastava, Krishna Kumar Srivastava, Ashwani Srivastava, Neeti Srivastava W/O Late Arun Kumar Srivastava
Respondent
Baba Infra Developers LLP
baba infra developers llp
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 0901126017452023 by Saurabh Srivastava, Krishna Kumar Srivastava, Ashwani Srivastava, Neeti Srivastava W/O Late Arun Kumar Srivastava against Baba Infra Developers LLP before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order that had rejected a complaint, restoring Complaint No. LKO162/08/97532/2022 for decision on its merits and directing the impleadment of co-allottees.
Delay condonation
The Tribunal condoned a 33-day delay in filing the appeal due to the death of one of the appellants and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal rejected the respondent's objections to the application for condonation of delay and the grounds of appeal, subsequently scheduling the matter for final hearing on 23.10.2024 with a strict no-adjournment directive.
Delay condonation
The Tribunal noted that the respondent's opportunity to file objections against the delay condonation application was closed and scheduled the appeal for a hearing on 25.09.2024.
Delay condonation
The Tribunal granted the appellant seven days to file medical documents supporting a condonation of delay application and directed the respondent to reply within seven days, listing the matter for August 30, 2024.
Delay condonation
The Tribunal granted an adjournment due to the illness of the appellant's counsel and rescheduled the hearing for the application for condonation of delay to 29.07.2024.
Delay condonation
The Tribunal noted the illness of the appellant's counsel and scheduled the defective appeal for consideration regarding the application for condonation of delay on 30.04.2024.
Delay condonation
The Tribunal accepted the respondent's vakalatnama but rejected their application to take objections on record, citing a deliberate attempt by the respondent to delay proceedings and frustrate the statutory mandate of Section 44(5) of the Act.
Delay condonation
The Tribunal decided to proceed ex-parte against the respondent due to failure to file objections and adjourned the matter to 22.02.2024 to allow the appellant's counsel to clarify discrepancies in the number of applicants.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for October 11, 2023.
Delay condonation
The Tribunal deemed service on the respondent sufficient via postal and electronic modes and granted the respondent 10 days to file objections to the condonation of delay application and the appeal grounds.
Delay condonation
The Tribunal granted the appellant's counsel three days to file an affidavit of service due to its absence and scheduled the defective appeal for orders on 07.07.2023.
Delay condonation
The Tribunal noted a delay in the filing of the appeal and issued notice to the respondent, directing specific procedural steps for service of process and exchange of objections before the next hearing on 03.07.2023.
Tribunal Order #0901126017452023-23-10-2024
The Tribunal condoned a 33-day delay in filing the appeal due to the death of one of the appellants and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126017452023-25-09-2024
The Tribunal rejected the respondent's objections to the application for condonation of delay and the grounds of appeal, subsequently scheduling the matter for final hearing on 23.10.2024 with a strict no-adjournment directive.
Tribunal Order #0901126017452023-17-12-2024
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order that had rejected a complaint, restoring Complaint No. LKO162/08/97532/2022 for decision on its merits and directing the impleadment of co-allottees.
Tribunal Order #0901126017452023-22-02-2024
The Tribunal accepted the respondent's vakalatnama but rejected their application to take objections on record, citing a deliberate attempt by the respondent to delay proceedings and frustrate the statutory mandate of Section 44(5) of the Act.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order that had rejected a complaint, restoring Complaint No. LKO162/08/97532/2022 for decision on its merits and directing the impleadment of co-allottees. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order that had rejected a complaint, restoring Complaint No. LKO162/08/97532/2022 for decision on its merits and directing the impleadment of co-allottees.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Pradeep Kumar Verma
Respondent Advocate(s)
- Vinay Pandey
Official RERA Tribunal Orders (4)
The Tribunal condoned a 33-day delay in filing the appeal due to the death of one of the appellants and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal rejected the respondent's objections to the application for condonation of delay and the grounds of appeal, subsequently scheduling the matter for final hearing on 23.10.2024 with a strict no-adjournment directive.
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order that had rejected a complaint, restoring Complaint No. LKO162/08/97532/2022 for decision on its merits and directing the impleadment of co-allottees.
The Tribunal accepted the respondent's vakalatnama but rejected their application to take objections on record, citing a deliberate attempt by the respondent to delay proceedings and frustrate the statutory mandate of Section 44(5) of the Act.
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