Appellant / Complainant
Anurag Maheshwari
Respondent
Jitendra Kumar Mangla, Prerna Construction Pvt Ltd
prerna construction pvt ltd
₹20,08,000
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 0901126039502021 by Anurag Maheshwari against Jitendra Kumar Mangla, Prerna Construction Pvt Ltd before up_rera.
Ex-Parte
The Tribunal set aside the Regulatory Authority's order that had erroneously rejected the appellant's complaint by misinterpreting an Agreement for Sale as a Conveyance Deed, and remanded the matter back to the Regulatory Authority for fresh adjudication.
For Order
The Tribunal declares service of notice sufficient via publication and email and proceeds ex-parte against the respondent due to their failure to appear despite multiple opportunities.
Notice
The Tribunal directed the appellant to serve the appeal documents via the respondent's registered email and warned that the matter may proceed ex-parte if no objections are filed by the next hearing on 22.03.2022.
Further Order
The Tribunal ruled that the previous method of service was insufficient and directed the appellant to publish notice in a widely circulated newspaper in District Agra within 20 days.
Notice
The Tribunal noted that the respondent had not been served notice and directed the appellant to issue notice via dasti, registered post, and e-mail within one week.
Hearing on Appeal
The Tribunal issued notice to the respondents via registered post and email and scheduled the appeal for further orders on 16.11.2021.
Tribunal Order #0901126039502021-30-03-2022
The Tribunal set aside the Regulatory Authority's order that had erroneously rejected the appellant's complaint by misinterpreting an Agreement for Sale as a Conveyance Deed, and remanded the matter back to the Regulatory Authority for fresh adjudication.
Tribunal Order #0901126039502021-22-03-2022
The Tribunal declares service of notice sufficient via publication and email and proceeds ex-parte against the respondent due to their failure to appear despite multiple opportunities.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that had erroneously rejected the appellant's complaint by misinterpreting an Agreement for Sale as a Conveyance Deed, and remanded the matter back to the Regulatory Authority for fresh adjudication. Awarded in favor of Appellant. Awarded interest rate: 18% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that had erroneously rejected the appellant's complaint by misinterpreting an Agreement for Sale as a Conveyance Deed, and remanded the matter back to the Regulatory Authority for fresh adjudication.
Ruling Awarded To
Appellant
Awarded Interest Rate
18% p.a.
Interest Period
from the date of first deposit (19.07.2016) till the date of refund of entire amount deposited
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Fuhar Gupta
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order that had erroneously rejected the appellant's complaint by misinterpreting an Agreement for Sale as a Conveyance Deed, and remanded the matter back to the Regulatory Authority for fresh adjudication.
The Tribunal declares service of notice sufficient via publication and email and proceeds ex-parte against the respondent due to their failure to appear despite multiple opportunities.
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