Appellant / Complainant
Dharmendra Kumar Srivastava
Respondent
Wondrous Buildmart Private Limited, Eldeco Infrastructure Properties Ltd
wondrous buildmart private limited
₹2,80,061
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 0901126024002021 by Dharmendra Kumar Srivastava against Wondrous Buildmart Private Limited, Eldeco Infrastructure Properties Ltd before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by allottees, ruling that the promoter was not contractually obligated to facilitate subvention loans under the RERA Act and upholding the Regulatory Authority's order for a principal refund.
Further Hearing
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for further consideration.
Further Hearing
The proceedings for Appeal-346/2021 were adjourned at the request of the appellant's counsel and rescheduled for hearing on 28.02.2023.
Further Hearing
This is a procedural order directing the parties to refer to a previously passed order in Appeal No. 345/2021.
Hearing
The Tribunal scheduled the appeal for a hearing on 07.02.2023 and referred to a previous order passed in a related case (Appeal No. 345/2021).
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the hearing for 06.02.2023, noting that no further adjournments will be permitted.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on January 3, 2023.
Further Hearing
The Tribunal granted the appellant's counsel two days to prepare his brief and rescheduled the hearing for November 3, 2022.
Further Hearing
The Tribunal corrected a clerical error in its previous order dated 02.09.2022 by modifying the transcribed dates from '15.03.2022 to 25.09.2022' to '15.03.2020 to 25.09.2020'.
Further Hearing
The Tribunal granted the respondent one week to seek instructions regarding the payment of interest on the deposited amount, excluding the COVID-19 pandemic period, and scheduled the matter for 23.09.2022.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 02.09.2022.
Further Order
The Tribunal granted a request for an adjournment to allow the appellant's counsel time to study the agreement regarding subvention and loan matters, subsequently listing the appeal for hearing on 17.08.2022.
Further Order
The Tribunal adjourned the appeal due to the absence of the appellant's counsel and scheduled the matter for further orders on 26.07.2022.
Further Order
The Tribunal granted an adjournment request from the appellant's counsel and scheduled the appeal for a hearing on 16.05.2022.
Hearing
The Tribunal condoned a five-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the Registry to register the defective appeal as a regular appeal.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on January 27, 2022, regarding the application for condonation of delay.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on the application for condonation of delay on 06.01.2022.
Hearing
The Tribunal granted the respondent a one-week extension to file objections to the application for condonation of delay and grounds of appeal, with a subsequent week allowed for the applicant's reply.
Hearing
The Tribunal directed the respondent to file objections to the limitation application and grounds of appeal before the next hearing date, scheduled for 24.11.2021.
Delay condonation
The Tribunal issued a notice to the respondent due to their non-appearance and scheduled the matter for 01.10.2021 to dispose of the limitation application.
Tribunal Order #0901126024002021-30-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by allottees, ruling that the promoter was not contractually obligated to facilitate subvention loans under the RERA Act and upholding the Regulatory Authority's order for a principal refund.
Tribunal Order #0901126024002021-23-09-2022
The Tribunal corrected a clerical error in its previous order dated 02.09.2022 by modifying the transcribed dates from '15.03.2022 to 25.09.2022' to '15.03.2020 to 25.09.2020'.
Tribunal Order #0901126024002021-09-03-2022
The Tribunal condoned a five-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by allottees, ruling that the promoter was not contractually obligated to facilitate subvention loans under the RERA Act and upholding the Regulatory Authority's order for a principal refund. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by allottees, ruling that the promoter was not contractually obligated to facilitate subvention loans under the RERA Act and upholding the Regulatory Authority's order for a principal refund.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ishan Khanna
Respondent Advocate(s)
- Vinay Lakhani
- Saurabh Misra
Official RERA Tribunal Orders (3)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by allottees, ruling that the promoter was not contractually obligated to facilitate subvention loans under the RERA Act and upholding the Regulatory Authority's order for a principal refund.
The Tribunal corrected a clerical error in its previous order dated 02.09.2022 by modifying the transcribed dates from '15.03.2022 to 25.09.2022' to '15.03.2020 to 25.09.2020'.
The Tribunal condoned a five-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the Registry to register the defective appeal as a regular appeal.
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