Appellant / Complainant
Anil K Garg, Sadhna Garg
Respondent
Shri Radhey Shelters Pvt Ltd
shri radhey shelters pvt ltd
₹2,51,000
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 0901126020992021 by Anil K Garg, Sadhna Garg against Shri Radhey Shelters Pvt Ltd before up_rera.
Further Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal because the project was not registered with UPRERA and, following Supreme Court and the principle that the Act 2016 applies to ongoing projects only after registration, the Tribunal ruled that neither the complaint nor the appeal was maintainable.
Further Order
The Tribunal granted an application for adjournment requested by the appellant's counsel and rescheduled the case for 27.01.2022.
Further Order
The Tribunal granted an adjournment following the appellant's absence and directed both parties to file and exchange rulings as per a previous order before the next hearing on 05.01.2022.
Hearing on Appeal
The Tribunal directed the counsels to file legal rulings regarding the Completion Certificate and granted the appellant 10 days to file a replication/rejoinder to the respondent's reply.
Hearing on Appeal
The Tribunal granted the appellant two weeks to file a reply to the respondent's objections and scheduled the appeal for hearing on 11.11.2021.
Hearing on Appeal
The Tribunal directed the respondent to file objections within two weeks and the appellants to file a reply thereafter, with both parties instructed to upload documents on the e-portal before the next hearing on 18.10.2021.
Defect Removal
The Tribunal issued notice to the respondent and directed both parties to exchange appeal documents and objections via email and upload them to the e-portal before the next hearing on 23.04.2021.
Tribunal Order #0901126020992021-11-11-2021
The Tribunal directed the counsels to file legal rulings regarding the Completion Certificate and granted the appellant 10 days to file a replication/rejoinder to the respondent's reply.
Tribunal Order #0901126020992021-09-03-2022
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal because the project was not registered with UPRERA and, following Supreme Court and the principle that the Act 2016 applies to ongoing projects only after registration, the Tribunal ruled that neither the complaint nor the appeal was maintainable.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal because the project was not registered with UPRERA and, following Supreme Court and the principle that the Act 2016 applies to ongoing projects only after registration, the Tribunal ruled that neither the complaint nor the appeal was maintainable. Awarded in favor of Respondent. Awarded interest rate: 12% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal because the project was not registered with UPRERA and, following Supreme Court and the principle that the Act 2016 applies to ongoing projects only after registration, the Tribunal ruled that neither the complaint nor the appeal was maintainable.
Ruling Awarded To
Respondent
Awarded Interest Rate
12% p.a.
Interest Period
from the first date of deposit till the date of refund of entire amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Fuhar Gupta
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (2)
The Tribunal directed the counsels to file legal rulings regarding the Completion Certificate and granted the appellant 10 days to file a replication/rejoinder to the respondent's reply.
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal because the project was not registered with UPRERA and, following Supreme Court and the principle that the Act 2016 applies to ongoing projects only after registration, the Tribunal ruled that neither the complaint nor the appeal was maintainable.
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