Appellant / Complainant
Nikhil Srivastava, Pooja Srivastava
Respondent
Stellar Constellation Projects Private Limited
stellar constellation projects private limited
₹53,27,375
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 0901126039062021 by Nikhil Srivastava, Pooja Srivastava against Stellar Constellation Projects Private Limited before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the UPRERA order that had dismissed the appellant's complaint, ruling that the project was an 'ongoing project' requiring registration and remanding the matter back to the Regulatory Authority for a fresh decision on delay interest.
Hearing
The Tribunal heard arguments regarding whether the respondent's project required registration under the Act 2016, specifically addressing whether applying for an OC/CC prior to the Act's promulgation exempts a project from registration. The judgment has been reserved.
Hearing
The Tribunal granted the appellant one week to prepare arguments regarding whether the respondent's unregistered project qualifies as an 'ongoing project' and adjourned the matter to 15.05.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the matter for hearing/orders on 25.04.2023.
Hearing
The Tribunal ruled that the respondent is liable to pay interest for delay in possession from 20.08.2015 to 28.02.2019 and noted that the project required registration due to partial OCs; the matter is adjourned for 15 days to allow parties to attempt an amicable settlement.
Hearing
The Tribunal granted the appellant 24 hours to file an online complaint previously submitted to the Regulatory Authority and rescheduled the hearing for February 7, 2023.
Further Order
The Tribunal notes that pleadings have been exchanged between the parties and schedules the next hearing for February 6, 2023.
Further Order
The Tribunal directed the appellant's counsel to resolve a technical issue regarding the visibility of their filed reply on the portal and scheduled the matter for hearing on 28.11.2022.
Further Order
The Tribunal noted the respondent's submission regarding the project status and directed the appellant to file any rebuttal papers before listing the appeal for hearing on 02.11.2022.
Further Order
The Tribunal directed the respondent to provide factual evidence demonstrating whether the project was ongoing at the commencement of the RERA Act, 2016, and scheduled the matter for further orders on 28.09.2022.
Further Order
The Tribunal noted the absence of the appellant and, upon submission by the respondent's counsel that pleadings are complete, scheduled the appeal for hearing on 30.08.2022.
Further Order
The Tribunal granted a request from the counsels of both parties to adjourn the appeal and rescheduled the hearing for 05.08.2022.
Further Order
The Tribunal granted the appellant's request for time to file a replication against the respondent's reply and scheduled the next hearing for 22.07.2022.
Delay condonation
The Tribunal condoned a 186-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the appellant to file a replication/rejoinder affidavit.
Delay condonation
The Tribunal granted an adjournment due to the respondent's counsel's illness and directed the respondent to serve objections to the grounds of appeal within 10 days.
Delay condonation
The Tribunal granted the applicant 10 days to file a reply to objections regarding the condonation of delay and directed the respondent to serve its objections via email within one week.
Delay condonation
The Tribunal directed the respondent to file their Vakalatnama and objections against the limitation application before the next hearing date. The matter is scheduled for further orders on 12.01.2022.
Notice
The Tribunal adjourned the matter to 16.12.2021 for the disposal of a limitation application and directed both parties to appear on the next date.
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 further hearing on 23.11.2021.
Tribunal Order #0901126039062021-31-05-2023
The Appellate Tribunal set aside the UPRERA order that had dismissed the appellant's complaint, ruling that the project was an 'ongoing project' requiring registration and remanding the matter back to the Regulatory Authority for a fresh decision on delay interest.
Tribunal Order #0901126039062021-15-05-2023
The Tribunal heard arguments regarding whether the respondent's project required registration under the Act 2016, specifically addressing whether applying for an OC/CC prior to the Act's promulgation exempts a project from registration. The judgment has been reserved.
Tribunal Order #0901126039062021-07-02-2023
The Tribunal ruled that the respondent is liable to pay interest for delay in possession from 20.08.2015 to 28.02.2019 and noted that the project required registration due to partial OCs; the matter is adjourned for 15 days to allow parties to attempt an amicable settlement.
Tribunal Order #0901126039062021-30-08-2022
The Tribunal directed the respondent to provide factual evidence demonstrating whether the project was ongoing at the commencement of the RERA Act, 2016, and scheduled the matter for further orders on 28.09.2022.
Tribunal Order #0901126039062021-07-04-2022
The Tribunal condoned a 186-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the appellant to file a replication/rejoinder affidavit.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the UPRERA order that had dismissed the appellant's complaint, ruling that the project was an 'ongoing project' requiring registration and remanding the matter back to the Regulatory Authority for a fresh decision on delay interest. Awarded in favor of Appellant. Awarded interest rate: 12% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the UPRERA order that had dismissed the appellant's complaint, ruling that the project was an 'ongoing project' requiring registration and remanding the matter back to the Regulatory Authority for a fresh decision on delay interest.
Ruling Awarded To
Appellant
Awarded Interest Rate
12% p.a.
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ram Kumar Verma
Respondent Advocate(s)
- Arvind Kumar
Official RERA Tribunal Orders (5)
The Appellate Tribunal set aside the UPRERA order that had dismissed the appellant's complaint, ruling that the project was an 'ongoing project' requiring registration and remanding the matter back to the Regulatory Authority for a fresh decision on delay interest.
The Tribunal heard arguments regarding whether the respondent's project required registration under the Act 2016, specifically addressing whether applying for an OC/CC prior to the Act's promulgation exempts a project from registration. The judgment has been reserved.
The Tribunal ruled that the respondent is liable to pay interest for delay in possession from 20.08.2015 to 28.02.2019 and noted that the project required registration due to partial OCs; the matter is adjourned for 15 days to allow parties to attempt an amicable settlement.
The Tribunal directed the respondent to provide factual evidence demonstrating whether the project was ongoing at the commencement of the RERA Act, 2016, and scheduled the matter for further orders on 28.09.2022.
The Tribunal condoned a 186-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the appellant to file a replication/rejoinder affidavit.
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