Appellant / Complainant
Nishi Srivastava, Rajesh Ranjan Srivastava
Respondent
Angels Infra Height Pvt Ltd
angels infra height pvt ltd
₹48,31,583
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 0901126025382021 by Nishi Srivastava, Rajesh Ranjan Srivastava against Angels Infra Height Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal against the Regulatory Authority's order, upholding the direction that the appellants must clear their outstanding dues—including the bank loan amount settled by the respondent—to take possession of the unit, while allowing for the adjustment of delay interest as per the previous order.
Final Hearing
The Tribunal heard arguments from both the appellant and the respondent and has reserved its judgment.
Hearing
The Tribunal directed the respondent's counsel to rectify defects regarding the filing of their objection and to submit both physical and electronic copies within 24 hours.
Further Hearing
The Tribunal adjourned the matter to 25.07.2022 because the counsel for the appellant was not present during the hearing.
Further Hearing
The Tribunal granted the appellant's counsel additional time to prepare their brief and adjourned the hearing to 06.07.2022.
Further Order
The Tribunal granted a request from the respondent's counsel to adjourn the matter to 20.05.2022 to allow for seeking instructions and compliance with a previous order.
Further Order
The Tribunal directed the respondent to provide a detailed statement of dues and alternate unit details, while ordering the appellant to file a reciprocal statement of receivables and payables within 20 days.
Further Order
The Tribunal granted the respondent permission to file a rejoinder affidavit before the next hearing and scheduled the case for further orders on 12.04.2022.
For Order
The court noted the absence of the appellant's counsel due to illness and directed the applicant to file a replication or rejoinder before the next hearing date.
Further Order
The Tribunal directed the respondent to file an objection to the application regarding limitation within 15 days via email and scheduled the matter for further orders on January 6, 2022.
Hearing
The Tribunal directed the appellant to provide legible copies of the memo of appeal and annexures via email to enable the respondent to file a reply. The case is adjourned to 03.12.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed that the respondent be notified via email to appear at the next hearing or face ex-parte proceedings.
Further Order
The Tribunal directed the appellant to file a corrected copy of the Regulatory Authority's order on the e-Portal and adjourned the defective appeal to 22.09.2021.
Notice
The Tribunal adjourned the matter to 06.09.2021 for consideration of a delay condonation application and noted the unprofessional conduct of the respondent's counsel.
Notice
The Tribunal directed the appellant to obtain a rectified order from the Regulatory Authority to correct errors in the parties' names and adjourned the matter to 25.08.2021.
Defect Removal
The Tribunal noted a potential defect regarding the impleadment of Rajesh Ranjan Srivastava and directed the appellant to rectify the facts while issuing notice to the respondent.
Tribunal Order #0901126025382021-29-09-2022
The Tribunal dismissed the appeal against the Regulatory Authority's order, upholding the direction that the appellants must clear their outstanding dues—including the bank loan amount settled by the respondent—to take possession of the unit, while allowing for the adjustment of delay interest as per the previous order.
Tribunal Order #0901126025382021-13-04-2022
The Tribunal directed the respondent to provide a detailed statement of dues and alternate unit details, while ordering the appellant to file a reciprocal statement of receivables and payables within 20 days.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal against the Regulatory Authority's order, upholding the direction that the appellants must clear their outstanding dues—including the bank loan amount settled by the respondent—to take possession of the unit, while allowing for the adjustment of delay interest as per the previous order. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal against the Regulatory Authority's order, upholding the direction that the appellants must clear their outstanding dues—including the bank loan amount settled by the respondent—to take possession of the unit, while allowing for the adjustment of delay interest as per the previous order.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of possession as per agreement till the date of receipt of Occupation Certificate or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Dhananjay Srivastava
Respondent Advocate(s)
- Anurag Arora
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeal against the Regulatory Authority's order, upholding the direction that the appellants must clear their outstanding dues—including the bank loan amount settled by the respondent—to take possession of the unit, while allowing for the adjustment of delay interest as per the previous order.
The Tribunal directed the respondent to provide a detailed statement of dues and alternate unit details, while ordering the appellant to file a reciprocal statement of receivables and payables within 20 days.
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