Appellant / Complainant
Jag Jiwan Prasad, Vijay Prasad
Respondent
Bcc Infrastructures Private Limited
bcc infrastructures private limited
Appellant
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 0901126031682021 by Jag Jiwan Prasad, Vijay Prasad against Bcc Infrastructures Private Limited before up_rera.
For Order
The Tribunal disposed of the appeal following a settlement in a cross-appeal, directing that the amount deposited under Section 43(5) of the Act be paid to the applicant.
For Order
The Tribunal directed the applicant to pay stamp and miscellaneous charges, while ordering the respondent to execute a sale deed in favor of the applicant within 15 days and handover possession of the flat.
For Order
The Tribunal directed the respondent to handover possession of the flat to the appellant by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and the refund of deposited funds.
For Order
The Tribunal directed the respondent to issue a demand letter to the applicant within 15 days and ordered both parties to appear at the next hearing with authorized representatives for potential settlement.
For Order
The Tribunal directed the respondent to produce evidence of a formal offer of possession and clarified that a payment reminder cannot substitute for a legal offer of possession. The issue regarding holding charges remains pending.
For Order
The Tribunal directed the respondent to issue a demand letter within two days and ordered the applicant to file objections against said letter before the next hearing.
Hearing
The Tribunal directed the Managing Director or an authorized representative of the respondent company to appear at the next hearing to facilitate a final settlement regarding the possession of the flat and disputed charges.
Hearing
The Tribunal granted a joint request from the parties to list the defective appeal on 07.07.2022, noting that a settlement proposal has been submitted by the respondent.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply against the grounds of appeal within 10 days and scheduled the next hearing for May 4, 2022.
Further Order
The Tribunal granted the respondent a ten-day extension to file objections to the grounds of appeal and directed the parties to exchange replies and upload documents on the e-portal before the next hearing on 24.03.2022.
Further Order
The Tribunal condoned a delay of approximately 407 days in filing the appeal, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal granted the respondent one week to file their Vakalatnama and objection to the limitation application, directing that a copy be emailed to the applicant before the next hearing on 15.12.2021.
Delay condonation
The Tribunal adjourned the appeal to 24.11.2021 and directed the parties to exchange pleadings and file originals with the Registry at least one week before the next hearing.
Delay condonation
The tribunal adjourned the proceedings due to a lawyers' strike and rescheduled the defective appeal for 02.11.2021 to address the limitation application.
Delay condonation
The Tribunal ordered the defective appeal (Appeal-586/2021) to be listed for hearing on 19.10.2021 along with Appeal No. D 110/2021.
Delay condonation
The Tribunal noted that the appeal was filed beyond the limitation period and directed the issuance of notice to the respondent, scheduling the matter for October 21, 2021, to dispose of the limitation application.
Tribunal Order #0901126031682021-23-11-2022
The Tribunal directed the applicant to pay stamp and miscellaneous charges, while ordering the respondent to execute a sale deed in favor of the applicant within 15 days and handover possession of the flat.
Tribunal Order #0901126031682021-20-10-2022
The Tribunal directed the respondent to handover possession of the flat to the appellant by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and the refund of deposited funds.
Tribunal Order #0901126031682021-18-08-2022
The Tribunal directed the respondent to issue a demand letter within two days and ordered the applicant to file objections against said letter before the next hearing.
Tribunal Order #0901126031682021-07-07-2022
The Tribunal directed the Managing Director or an authorized representative of the respondent company to appear at the next hearing to facilitate a final settlement regarding the possession of the flat and disputed charges.
Tribunal Order #0901126031682021-16-12-2022
The Tribunal disposed of the appeal following a settlement in a cross-appeal, directing that the amount deposited under Section 43(5) of the Act be paid to the applicant.
Tribunal Order #0901126031682021-19-09-2022
The Tribunal directed the respondent to issue a demand letter to the applicant within 15 days and ordered both parties to appear at the next hearing with authorized representatives for potential settlement.
Tribunal Order #0901126031682021-06-09-2022
The Tribunal directed the respondent to produce evidence of a formal offer of possession and clarified that a payment reminder cannot substitute for a legal offer of possession. The issue regarding holding charges remains pending.
Tribunal Order #0901126031682021-24-03-2022
The Tribunal granted the respondent a final opportunity to file a reply against the grounds of appeal within 10 days and scheduled the next hearing for May 4, 2022.
Tribunal Order #0901126031682021-15-12-2021
The Tribunal condoned a delay of approximately 407 days in filing the appeal, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal disposed of the appeal following a settlement in a cross-appeal, directing that the amount deposited under Section 43(5) of the Act be paid to the applicant. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal disposed of the appeal following a settlement in a cross-appeal, directing that the amount deposited under Section 43(5) of the Act be paid to the applicant.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Respondent Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Official RERA Tribunal Orders (9)
The Tribunal directed the applicant to pay stamp and miscellaneous charges, while ordering the respondent to execute a sale deed in favor of the applicant within 15 days and handover possession of the flat.
The Tribunal directed the respondent to handover possession of the flat to the appellant by 23.10.2022 and noted a proposed settlement involving the payment of maintenance charges and the refund of deposited funds.
The Tribunal directed the respondent to issue a demand letter within two days and ordered the applicant to file objections against said letter before the next hearing.
The Tribunal directed the Managing Director or an authorized representative of the respondent company to appear at the next hearing to facilitate a final settlement regarding the possession of the flat and disputed charges.
The Tribunal disposed of the appeal following a settlement in a cross-appeal, directing that the amount deposited under Section 43(5) of the Act be paid to the applicant.
The Tribunal directed the respondent to issue a demand letter to the applicant within 15 days and ordered both parties to appear at the next hearing with authorized representatives for potential settlement.
The Tribunal directed the respondent to produce evidence of a formal offer of possession and clarified that a payment reminder cannot substitute for a legal offer of possession. The issue regarding holding charges remains pending.
The Tribunal granted the respondent a final opportunity to file a reply against the grounds of appeal within 10 days and scheduled the next hearing for May 4, 2022.
The Tribunal condoned a delay of approximately 407 days in filing the appeal, citing the COVID-19 pandemic and Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
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