Appellant / Complainant
Alpha Corp Development Private Limited
Respondent
Pankaj Dhaiya, Ruchika Dahiya, Abet Buildcon Private Limited, Uttar Pradesh Real Estate Regulatory Authority Gautam Buddha Nagar
alpha corp development private limited
Respondent
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 0901126019992023 by Alpha Corp Development Private Limited against Pankaj Dhaiya, Ruchika Dahiya, Abet Buildcon Private Limited, Uttar Pradesh Real Estate Regulatory Authority Gautam Buddha Nagar before up_rera.
for delivery of Judgment/Order
The Tribunal ruled that M/s. Alpha Corp Development Private Limited is a 'promoter' under Section 2(zk) of the RERA Act due to its extensive development and marketing rights, and directed the applicant to comply with Section 43(5) by depositing the required amount within 10 days.
Delay condonation
The Tribunal has adjourned the matter to 25.05.2023 for consideration of an application for condonation of delay and hearing, following a joint request from the counsel for both parties.
Defect Removal
The Tribunal is determining whether the applicant qualifies as a 'Promoter' or merely a 'Development Manager' to decide if they must comply with Section 43(5) of the Act; respondents are granted one week to file objections on this status.
Tribunal Order #0901126019992023-05-09-2023
The Tribunal ruled that M/s. Alpha Corp Development Private Limited is a 'promoter' under Section 2(zk) of the RERA Act due to its extensive development and marketing rights, and directed the applicant to comply with Section 43(5) by depositing the required amount within 10 days.
Tribunal Order #0901126019992023-02-05-2023
The Tribunal is determining whether the applicant qualifies as a 'Promoter' or merely a 'Development Manager' to decide if they must comply with Section 43(5) of the Act; respondents are granted one week to file objections on this status.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that M/s. Alpha Corp Development Private Limited is a 'promoter' under Section 2(zk) of the RERA Act due to its extensive development and marketing rights, and directed the applicant to comply with Section 43(5) by depositing the required amount within 10 days. Awarded in favor of Respondent. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that M/s. Alpha Corp Development Private Limited is a 'promoter' under Section 2(zk) of the RERA Act due to its extensive development and marketing rights, and directed the applicant to comply with Section 43(5) by depositing the required amount within 10 days.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1 percent
Interest Period
from the date of initial payment made till total refund of amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Vikash Verma
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The Tribunal ruled that M/s. Alpha Corp Development Private Limited is a 'promoter' under Section 2(zk) of the RERA Act due to its extensive development and marketing rights, and directed the applicant to comply with Section 43(5) by depositing the required amount within 10 days.
The Tribunal is determining whether the applicant qualifies as a 'Promoter' or merely a 'Development Manager' to decide if they must comply with Section 43(5) of the Act; respondents are granted one week to file objections on this status.
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