Appellant / Complainant
LR Infrabomes (Indis) Pvt. Ltd.
Respondent
Sameer Ahmad
lr infrabomes (indis) pvt. ltd.
₹55,51,700
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 0901126017782020 by LR Infrabomes (Indis) Pvt. Ltd. against Sameer Ahmad before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order because it granted reliefs (possession and delay interest) that were beyond the scope of the original pleadings and failed to address the prior cancellation of the unit due to payment default.
Hearing
The appellant is challenging an order from the Regulatory Authority that directed them to restore the respondent's allotment and provide possession by February 2021 with interest, despite the appellant having previously cancelled the unit due to non-payment.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for 20.09.2023, noting that no further adjournments will be permitted on the next date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the matter for hearing/orders on August 3, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for May 23, 2023.
Hearing
The Tribunal directed the parties to place on record the respondent's online complaint and any additional documents previously submitted to U.P. RERA, and scheduled the matter for orders on 11.04.2023.
Further Hearing
The Tribunal directed the appellant's counsel to comply with a previous order by uploading a reply/rejoinder to the respondent's objections within one week and scheduled the next hearing for February 3, 2023.
Final Hearing
The Tribunal granted the appellant's counsel additional time to prepare his brief and rescheduled the hearing for January 2, 2023.
Final Hearing
The order notes the absence of both the appellant and the respondent during the scheduled hearing on 10.10.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and directed the appellant to upload their reply/rejoinder within one week, scheduling the next hearing for 10.10.2022.
Final Hearing
The Tribunal identified procedural filing errors regarding the respondent's folder and directed the counsel to resolve technical issues with the helpdesk, while ordering the appellant to file their reply in the correct folder within one week.
Hearing
The Tribunal granted an adjournment to the appellant and directed the respondent to upload their objection on the e-portal within one week, with a subsequent deadline for the appellant to file a reply.
Hearing
The Tribunal directed the respondent to upload their reply to the appeal on the e-Portal and ordered both parties to file concise written arguments before the next hearing scheduled for 26.07.2022.
Hearing
The Tribunal directed the parties to exchange concise written submissions before the next hearing and scheduled the appeal for further orders on 16.05.2022.
Hearing
The Tribunal noted that the reply to the respondent's objections has been filed and, upon a joint request from both parties' counsel, adjourned the appeal for hearing to 01.02.2022.
Hearing
The Tribunal directed the respondent to provide a soft copy of their objections to the appellant and ordered both parties to upload pleadings on the e-portal before the next hearing on 07.01.2022.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the appeal and adjourned the matter to 22.10.2021.
For Order
The Tribunal granted the respondent 15 days to file a vakalatnama and reply to the grounds of appeal, directing that a copy be emailed to the appellant for potential rejoinder; the case is listed for hearing on 12.04.2021.
Further Hearing
The Tribunal directed the appellant to take steps for service of notice on the respondent within a week and scheduled the next hearing for 17.03.2021.
Hearing
The Tribunal converted the defective appeal into a regular appeal after verifying compliance with Section 43(5) and receipt of an additional deposit of Rs. 5,90,000/-.
Tribunal Order #0901126017782020-20-09-2023
The appellant is challenging an order from the Regulatory Authority that directed them to restore the respondent's allotment and provide possession by February 2021 with interest, despite the appellant having previously cancelled the unit due to non-payment.
Tribunal Order #0901126017782020-22-01-2021
The Tribunal converted the defective appeal into a regular appeal after verifying compliance with Section 43(5) and receipt of an additional deposit of Rs. 5,90,000/-.
Tribunal Order #0901126017782020-25-09-2023
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order because it granted reliefs (possession and delay interest) that were beyond the scope of the original pleadings and failed to address the prior cancellation of the unit due to payment default.
Tribunal Order #0901126017782020-22-08-2022
The Tribunal identified procedural filing errors regarding the respondent's folder and directed the counsel to resolve technical issues with the helpdesk, while ordering the appellant to file their reply in the correct folder within one week.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order because it granted reliefs (possession and delay interest) that were beyond the scope of the original pleadings and failed to address the prior cancellation of the unit due to payment default. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order because it granted reliefs (possession and delay interest) that were beyond the scope of the original pleadings and failed to address the prior cancellation of the unit due to payment default.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% p.a.
Interest Period
from 01.01.2020 till the date of issuance of OC/CC or till actual offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vineet K Singh Bisen
Respondent Advocate(s)
- Anilesh Tewari
Official RERA Tribunal Orders (4)
The appellant is challenging an order from the Regulatory Authority that directed them to restore the respondent's allotment and provide possession by February 2021 with interest, despite the appellant having previously cancelled the unit due to non-payment.
The Tribunal converted the defective appeal into a regular appeal after verifying compliance with Section 43(5) and receipt of an additional deposit of Rs. 5,90,000/-.
The Tribunal set aside the U.P. Real Estate Regulatory Authority's order because it granted reliefs (possession and delay interest) that were beyond the scope of the original pleadings and failed to address the prior cancellation of the unit due to payment default.
The Tribunal identified procedural filing errors regarding the respondent's folder and directed the counsel to resolve technical issues with the helpdesk, while ordering the appellant to file their reply in the correct folder within one week.
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