Appellant / Complainant
Diamond Tower Owners Welfare Society
Respondent
Yogendra Kumar Sahu
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 0901126027892021 by Diamond Tower Owners Welfare Society against Yogendra Kumar Sahu before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal, ruling that the Real Estate (Regulation and Development) Act, 2016 is not applicable to the project because it was completed and all units were sold prior to the Act's enforcement, meaning it does not qualify as an 'ongoing project'.
Hearing
The Tribunal has heard the arguments from both the appellant and respondent and has reserved the judgment for a later date.
Hearing
The Tribunal directed the respondent to ensure compliance with the previous order dated 02.04.2024 within 10 days and scheduled the next hearing for 23.07.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing or orders on 24.05.2024.
Hearing
The Tribunal granted an adjournment at the request of the respondent's counsel to allow for the review of LDA regulations regarding OC/CC applications; the matter is listed for orders on 25.04.2024.
Hearing
Upon the joint request of the counsel for both parties, the Tribunal has scheduled the appeal for hearing on 02.04.2024.
Hearing
The Tribunal granted the appellant one week to file a response to documents submitted by the respondent and adjourned the matter to 19.03.2024.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for further hearing on 05.03.2024.
Hearing
The Tribunal noted the absence of the appellant's counsel and adjourned the matter to 04.03.2024 for hearing or orders.
For Order
This document is a header/caption of an appeal (APPEAL-484/2021) before the U.P. Real Estate Appellate Tribunal involving Diamond Tower Owners Welfare Society and Yogendra Kumarsahu, dated 21.09.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and rescheduled the hearing for 21.09.2023.
For Order
The Tribunal noted the absence of the respondent's counsel due to sanctioned leave and adjourned the appeal for hearing to 24.05.2023.
Hearing
The Tribunal directed the respondent to file an affidavit within one week providing the sanctioned map from the Lucknow Development Authority and to share a soft copy with the appellant.
Hearing
The Tribunal granted the appellant additional time to gather information regarding unit numbers, conveyance deeds, and possession status to determine if the project falls under the purview of the Act, 2016, and adjourned the matter to 24.03.2023.
Hearing
The court heard arguments from both parties and reserved the judgment for a later date.
Hearing
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon case law via email before the next hearing scheduled for 30.05.2022.
Hearing
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon case law, and scheduled the matter for hearing on 19.04.2022.
Further Order
The Tribunal adjourned the appeal to 17.01.2022 to allow the respondent to file necessary documents required for the disposal of the case.
Delay condonation
The Tribunal condoned a 168-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation guidelines and directed the defective appeal to be registered as a Regular Appeal.
Hearing
The Tribunal granted the appellant 10 days to file a better affidavit regarding their application for condonation of delay and established a timeline for subsequent filings and objections.
Notice
The Tribunal granted an adjournment following an application from the respondent's counsel and scheduled the next hearing for 29.10.2021.
Notice
The Tribunal directed the respondent to file a physical copy of their objection to the limitation application and ordered both parties to upload replies on the ePortal before the next hearing. The matter is listed for 16.09.2021 to decide on the delay condonation application.
Delay condonation
The Tribunal issued a notice to the respondent and scheduled the matter for August 13, 2021, to address the application regarding limitation and its objections.
Tribunal Order #0901126027892021-23-11-2021
The Tribunal condoned a 168-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation guidelines and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126027892021-26-11-2024
The Tribunal dismissed the appeal, ruling that the Real Estate (Regulation and Development) Act, 2016 is not applicable to the project because it was completed and all units were sold prior to the Act's enforcement, meaning it does not qualify as an 'ongoing project'.
Tribunal Order #0901126027892021-24-05-2024
The Tribunal directed the respondent to ensure compliance with the previous order dated 02.04.2024 within 10 days and scheduled the next hearing for 23.07.2024.
Tribunal Order #0901126027892021-24-03-2023
The Tribunal directed the respondent to file an affidavit within one week providing the sanctioned map from the Lucknow Development Authority and to share a soft copy with the appellant.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the Real Estate (Regulation and Development) Act, 2016 is not applicable to the project because it was completed and all units were sold prior to the Act's enforcement, meaning it does not qualify as an 'ongoing project'. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the Real Estate (Regulation and Development) Act, 2016 is not applicable to the project because it was completed and all units were sold prior to the Act's enforcement, meaning it does not qualify as an 'ongoing project'.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- Mandeep Singh
Official RERA Tribunal Orders (4)
The Tribunal condoned a 168-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation guidelines and directed the defective appeal to be registered as a Regular Appeal.
The Tribunal dismissed the appeal, ruling that the Real Estate (Regulation and Development) Act, 2016 is not applicable to the project because it was completed and all units were sold prior to the Act's enforcement, meaning it does not qualify as an 'ongoing project'.
The Tribunal directed the respondent to ensure compliance with the previous order dated 02.04.2024 within 10 days and scheduled the next hearing for 23.07.2024.
The Tribunal directed the respondent to file an affidavit within one week providing the sanctioned map from the Lucknow Development Authority and to share a soft copy with the appellant.
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