up_reraStatus: Completed
CASE ID: 0901126031362022

Appellant / Complainant

Akash Kesarwani

VS

Respondent

Ashray Infrahousing Pvt. Ltd.

Developer Firm

ashray infrahousing pvt. ltd.

Disputed Amount

2,00,000

Disposal Award

Respondent

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability

Case Procedural History & Progression Tree

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

19 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126031362022 by Akash Kesarwani against Ashray Infrahousing Pvt. Ltd. before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability
2
Stage 116/01/2024

Hearing

The Tribunal dismissed the appeal because the respondent's project was not registered with UPRERA, rendering the complaint non-maintainable under the precedent set in M/S Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.

3
Stage 212/01/2024

Hearing

The Tribunal adjourned the proceedings to 16.01.2024 after deprecating the appellant's counsel for being unprepared, noting that no further adjournments will be granted on the next date.

4
Stage 311/10/2023

Hearing

No text available.

5
Stage 425/08/2023

Hearing

The Tribunal granted a request for adjournment due to the counsel's health grounds and rescheduled the hearing for 11.10.2023.

6
Stage 507/07/2023

Hearing

The Tribunal closed the respondent's opportunity to file objections due to failure to submit a Vakalatnama or objections as previously requested, and scheduled the appeal for an ex parte hearing on 25.08.2023.

7
Stage 627/04/2023

Hearing

The Tribunal granted the respondent 10 days to file their Vakalatnama and objections to the appeal, with a subsequent timeline for the appellant to file a reply.

8
Stage 720/03/2023

Hearing

No text available.

9
Stage 809/02/2023

Hearing

No text available.

10
Stage 905/01/2023

Hearing

No text available.

11
Stage 1005/12/2022

Hearing

No text available.

12
Stage 1110/11/2022

Notice

The Tribunal directed the issuance of a fresh notice to the respondent via newspaper publication due to failed service by registered post and email, and scheduled the matter for 05.12.2022.

13
Stage 1211/10/2022

Notice

The Tribunal noted the respondent's refusal to accept notice and adjourned the defective appeal to 10.11.2022 for further orders.

14
Stage 1307/09/2022

Notice

The Tribunal granted an adjournment request from the applicant's counsel and directed the applicant to file an affidavit of service before the next hearing on 11.10.2022.

15
Stage 1408/08/2022

Notice

The Tribunal noted that notice had not been duly served on the respondent and directed the Registry to issue a Dasti notice, with the matter listed for hearing on 07.09.2022.

16
Stage 1513/06/2022

Defect Removal

The Tribunal issued notice to the respondent and directed the appellant to serve the appeal documents via speed-post and email, setting a returnable date of 08.08.2022.

17
Stage 16Final Ruling Order

Tribunal Order #0901126031362022-16-01-2024

The Tribunal dismissed the appeal because the respondent's project was not registered with UPRERA, rendering the complaint non-maintainable under the precedent set in M/S Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.

18
Stage 17Interim Order

Tribunal Order #0901126031362022-07-07-2023

The Tribunal closed the respondent's opportunity to file objections due to failure to submit a Vakalatnama or objections as previously requested, and scheduled the appeal for an ex parte hearing on 25.08.2023.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal dismissed the appeal because the respondent's project was not registered with UPRERA, rendering the complaint non-maintainable under the precedent set in M/S Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P. Awarded in favor of Respondent.

Disposal Winner: RespondentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal dismissed the appeal because the respondent's project was not registered with UPRERA, rendering the complaint non-maintainable under the precedent set in M/S Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.

Ruling Awarded To

Respondent

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 12Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Shubham Srivastava

Respondent Advocate(s)

  • Amit Tiwari

Official RERA Tribunal Orders (2)

FINAL_ORDEROrder ID: 0901126031362022-16-01-2024

The Tribunal dismissed the appeal because the respondent's project was not registered with UPRERA, rendering the complaint non-maintainable under the precedent set in M/S Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.

INTERIM_ORDEROrder ID: 0901126031362022-07-07-2023

The Tribunal closed the respondent's opportunity to file objections due to failure to submit a Vakalatnama or objections as previously requested, and scheduled the appeal for an ex parte hearing on 25.08.2023.

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