Appellant / Complainant
Park Town Complex Private Limited
Respondent
Rajeev Kumar
park town complex private limited
₹7,80,948
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 0901126034182021 by Park Town Complex Private Limited against Rajeev Kumar before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order because it granted a relief (allotment of an alternate unit) that was never prayed for in the original complaint. The Tribunal ruled that authorities cannot grant reliefs beyond the scope of the pleadings and prayers made by the parties.
Delay condonation
The Tribunal condoned the delay in filing the appeal based on Supreme Court guidelines and heard arguments regarding whether the Regulatory Authority exceeded its jurisdiction by directing the provision of an alternative unit instead of a refund.
Delay condonation
The Tribunal adjourned the proceedings due to the absence of counsel on sanctioned leave and scheduled the defective appeal for orders on 01.05.2023.
Delay condonation
The Tribunal granted an adjournment request from the Appellant's counsel due to them being out of station and scheduled the matter for an ex-parte hearing on 24.03.2023.
Delay condonation
The Tribunal granted an adjournment requested by the applicant's counsel due to a medical emergency and scheduled the matter for hearing on January 13, 2023.
Delay condonation
The Tribunal decided to proceed ex-parte against the respondent due to their repeated failure to file objections or appear despite sufficient notice and warnings. The matter is listed for 15.11.2022 for consideration of the application for condonation of delay.
Delay condonation
The proceedings were adjourned due to the absence of the applicant's counsel, with the case rescheduled for orders on 10.10.2022.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and directed the respondent to file objections to the condonation of delay application and grounds of appeal within one week.
Delay condonation
The Tribunal granted an adjournment to allow the respondent one week to file an objection against the application for condonation of delay, with a subsequent deadline for the applicant to file a rejoinder.
Delay condonation
The Tribunal granted an adjournment requested by the appellant and provided a one-week deadline for the respondent to file objections to the application for condonation of delay and the grounds of appeal.
Delay condonation
The Tribunal confirmed service of notice upon the respondent and granted them 10 days to file objections to the application for condonation of delay and the grounds of appeal.
Delay condonation
The Tribunal issued fresh notice to the respondent due to a delay in service and directed the applicant to serve the application for condonation of delay and memo of appeal via speed-post and email.
Delay condonation
The Tribunal directed the issuance of fresh notice to the respondent and outlined specific procedural steps for service of documents and filing of objections prior to the next hearing on 29.03.2022.
Delay condonation
The Tribunal adjourned the case to 31.01.2022 for the disposal of a limitation application and its objection, noting that while notice was served, the respondent failed to appear.
Further Order
The Tribunal directed the appellant to complete service of notice upon the respondent within one week and scheduled the case for 11.01.2022 to address the limitation application and objections.
Delay condonation
The Tribunal issued a notice to the respondent via registered post and email and scheduled the defective appeal for 09.12.2021 to dispose of the limitation application.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay, noting that the appellant has complied with Section 43(5) by depositing Rs. 28,990/-.
Tribunal Order #0901126034182021-07-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order because it granted a relief (allotment of an alternate unit) that was never prayed for in the original complaint. The Tribunal ruled that authorities cannot grant reliefs beyond the scope of the pleadings and prayers made by the parties.
Tribunal Order #0901126034182021-09-02-2024
The Tribunal condoned the delay in filing the appeal based on Supreme Court guidelines and heard arguments regarding whether the Regulatory Authority exceeded its jurisdiction by directing the provision of an alternative unit instead of a refund.
Tribunal Order #0901126034182021-10-10-2022
The Tribunal decided to proceed ex-parte against the respondent due to their repeated failure to file objections or appear despite sufficient notice and warnings. The matter is listed for 15.11.2022 for consideration of the application for condonation of delay.
Tribunal Order #0901126034182021-18-10-2021
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay, noting that the appellant has complied with Section 43(5) by depositing Rs. 28,990/-.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order because it granted a relief (allotment of an alternate unit) that was never prayed for in the original complaint. The Tribunal ruled that authorities cannot grant reliefs beyond the scope of the pleadings and prayers made by the parties. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order because it granted a relief (allotment of an alternate unit) that was never prayed for in the original complaint. The Tribunal ruled that authorities cannot grant reliefs beyond the scope of the pleadings and prayers made by the parties.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.02.2019 till receipt of OC/CC or offer of possession, whichever is later (excluding 25.03.2020 to 25.09.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Manish Singh
- Azhar Ikram
Official RERA Tribunal Orders (4)
The Appellate Tribunal set aside the Regulatory Authority's order because it granted a relief (allotment of an alternate unit) that was never prayed for in the original complaint. The Tribunal ruled that authorities cannot grant reliefs beyond the scope of the pleadings and prayers made by the parties.
The Tribunal condoned the delay in filing the appeal based on Supreme Court guidelines and heard arguments regarding whether the Regulatory Authority exceeded its jurisdiction by directing the provision of an alternative unit instead of a refund.
The Tribunal decided to proceed ex-parte against the respondent due to their repeated failure to file objections or appear despite sufficient notice and warnings. The matter is listed for 15.11.2022 for consideration of the application for condonation of delay.
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay, noting that the appellant has complied with Section 43(5) by depositing Rs. 28,990/-.
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