up_reraStatus: Completed
CASE ID: 0901126028072021

Appellant / Complainant

Raksha Sonkar

VS

Respondent

Paarth Infrabuild Pvt. Ltd.

Developer Firm

paarth infrabuild pvt. ltd.

Disputed Amount

4,03,536

Disposal Award

Respondent

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / InterestUnfair Cancellation & ForfeitureJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

40 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126028072021 by Raksha Sonkar against Paarth Infrabuild Pvt. Ltd. before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / InterestUnfair Cancellation & ForfeitureJurisdiction & Maintainability
2
Stage 108/04/2025

Hearing

The Appellate Tribunal dismissed the appeal, ruling that the appellant cannot claim a refund under RERA because their status as an 'allottee' ceased upon the cancellation of the unit; however, the appellant is granted liberty to challenge the legality of said cancellation.

3
Stage 211/03/2025

Re-Hearing

Upon a joint request from the counsels for both parties, the Tribunal has adjourned the appeal and rescheduled the hearing for April 8, 2025.

4
Stage 313/02/2025

Re-Hearing

The Tribunal has adjourned the appeal to 11.03.2025 at the joint request of the parties and directed that pleadings be completed in the interim.

5
Stage 407/02/2025

For Order

The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-485/2021 to 13.02.2025.

6
Stage 529/01/2025

For Order

The Tribunal granted a request for adjournment made by the respondent's counsel and rescheduled the hearing of the appeal to 07.02.2025.

7
Stage 621/01/2025

For Order

The Tribunal has scheduled the appeal for a hearing on January 29, 2025.

8
Stage 726/09/2024

Further Hearing

The Tribunal heard arguments from both counsels regarding the appeal and has reserved the judgment for a later date.

9
Stage 812/09/2024

Further Hearing

The Tribunal granted an adjournment to allow both counsels to review cited judgments and prepare further submissions. The matter is rescheduled for hearing on 26.09.2024.

10
Stage 927/08/2024

Hearing

The Tribunal adjourned the matter to 12.09.2024 for further arguments upon request of the parties.

11
Stage 1005/08/2024

Hearing

The Tribunal has adjourned the appeal to 27.08.2024 for hearing based on a joint request from the counsels of both parties.

12
Stage 1105/07/2024

Hearing

No text available.

13
Stage 1207/05/2024

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the hearing for 05.07.2024.

14
Stage 1308/04/2024

Hearing

The Tribunal granted the appellant's counsel a one-week adjournment to conduct research and rescheduled the hearing for May 7, 2024.

15
Stage 1405/03/2024

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the appeal for hearing/orders to 08.04.2024.

16
Stage 1505/02/2024

Hearing

The Tribunal granted the parties one week's time to file their objections and replies on the portal and scheduled the appeal for hearing on 05.03.2024.

17
Stage 1606/11/2023

Hearing

No text available.

18
Stage 1722/09/2023

Hearing

Upon a joint request from the counsels for both parties, the Tribunal has adjourned the appeal to be listed for hearing on 06.11.2023.

19
Stage 1807/08/2023

Hearing

No text available.

20
Stage 1925/05/2023

Hearing

No text available.

21
Stage 2013/04/2023

Hearing

The tribunal has rescheduled the hearing of Appeal-485/2021 to 25.05.2023 due to the counsel for the appellant being on sanctioned leave.

22
Stage 2101/03/2023

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 13.04.2023 due to a change in Bench composition.

23
Stage 2226/04/2022

Final Hearing

The Tribunal heard arguments regarding an appellant's request for a refund due to project delays and the respondent's contention that the appellant is not a formal allottee; however, no ruling was issued as judgment was reserved.

24
Stage 2316/03/2022

Final Hearing

The Tribunal granted the respondent permission to submit a written rebuttal and directed them to serve a copy of the reply to the appellant via email before the next hearing.

25
Stage 2428/02/2022

Final Hearing

No text available.

26
Stage 2505/01/2022

Final Hearing

The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for 18.01.2021.

27
Stage 2603/12/2021

Hearing

This text represents the header/caption of an appeal filed before the U.P. Real Estate Appellate Tribunal involving Raksha Sonkar and M/S Paarth Infrabuild Pvt. Ltd., but it does not contain any substantive rulings or directives.

28
Stage 2715/11/2021

Hearing

The Tribunal directed the Registry to verify the respondent's vakalatnama and granted the respondent one week to comply with a previous order and email required documents to the appellant.

29
Stage 2829/10/2021

Hearing

The Tribunal directed the respondent to produce the allotment letter and submit an affidavit detailing the cancellation process of the appellant's unit to ensure compliance with the Act, 2016.

30
Stage 2929/09/2021

Hearing on Appeal

The Tribunal granted a mutual request for adjournment from both parties and rescheduled the appeal to 29.10.2021, directing the parties to exchange pleadings and file originals in the Registry.

31
Stage 3007/09/2021

Hearing on Appeal

The Tribunal allowed the respondent's application to recall the order dated 09.08.2021, specifically setting aside the imposition of a Rs. 10,000 cost due to counsel's health and connectivity issues.

32
Stage 3124/08/2021

Hearing on Appeal

The Tribunal granted the respondent three days to file hard copies of their objection and recall application, and allowed the appellant one week to file a reply. The matter is scheduled for consideration on 07.09.2021.

33
Stage 3223/08/2021

Hearing on Appeal

No text available.

34
Stage 3309/08/2021

Hearing on Appeal

The Tribunal imposed a cost of Rs. 10,000/- on the respondent for non-compliance with previous directions and granted a final 10-day extension for filing objections to the appeal.

35
Stage 3415/07/2021

Hearing on Appeal

The Tribunal directed the appellant to re-send the memo of appeal via email and ordered the respondent to file objections within two weeks, establishing a timeline for subsequent replies and filings.

36
Stage 35Final Ruling Order

Tribunal Order #0901126028072021-08-04-2025

The Appellate Tribunal dismissed the appeal, ruling that the appellant cannot claim a refund under RERA because their status as an 'allottee' ceased upon the cancellation of the unit; however, the appellant is granted liberty to challenge the legality of said cancellation.

37
Stage 36Interim Order

Tribunal Order #0901126028072021-09-08-2021

The Tribunal imposed a cost of Rs. 10,000/- on the respondent for non-compliance with previous directions and granted a final 10-day extension for filing objections to the appeal.

38
Stage 37Interim Order

Tribunal Order #0901126028072021-29-10-2021

The Tribunal directed the respondent to produce the allotment letter and submit an affidavit detailing the cancellation process of the appellant's unit to ensure compliance with the Act, 2016.

39
Stage 38Interim Order

Tribunal Order #0901126028072021-07-09-2021

The Tribunal allowed the respondent's application to recall the order dated 09.08.2021, specifically setting aside the imposition of a Rs. 10,000 cost due to counsel's health and connectivity issues.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Appellate Tribunal dismissed the appeal, ruling that the appellant cannot claim a refund under RERA because their status as an 'allottee' ceased upon the cancellation of the unit; however, the appellant is granted liberty to challenge the legality of said cancellation. Awarded in favor of Respondent.

Disposal Winner: RespondentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Appellate Tribunal dismissed the appeal, ruling that the appellant cannot claim a refund under RERA because their status as an 'allottee' ceased upon the cancellation of the unit; however, the appellant is granted liberty to challenge the legality of said cancellation.

Ruling Awarded To

Respondent

Interest Period

from the date of payment till the date of recovery of complete amount

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 11(5)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Mandeep Singh

Respondent Advocate(s)

  • Saurabh Misra
  • Krishna Kumar Singh

Official RERA Tribunal Orders (4)

FINAL_ORDEROrder ID: 0901126028072021-08-04-2025

The Appellate Tribunal dismissed the appeal, ruling that the appellant cannot claim a refund under RERA because their status as an 'allottee' ceased upon the cancellation of the unit; however, the appellant is granted liberty to challenge the legality of said cancellation.

INTERIM_ORDEROrder ID: 0901126028072021-09-08-2021

The Tribunal imposed a cost of Rs. 10,000/- on the respondent for non-compliance with previous directions and granted a final 10-day extension for filing objections to the appeal.

INTERIM_ORDEROrder ID: 0901126028072021-29-10-2021

The Tribunal directed the respondent to produce the allotment letter and submit an affidavit detailing the cancellation process of the appellant's unit to ensure compliance with the Act, 2016.

INTERIM_ORDEROrder ID: 0901126028072021-07-09-2021

The Tribunal allowed the respondent's application to recall the order dated 09.08.2021, specifically setting aside the imposition of a Rs. 10,000 cost due to counsel's health and connectivity issues.

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