Appellant / Complainant
Daulat Ram
Respondent
Antriksh Sanskriti Welfare Association, Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd
antriksh realtech pvt ltd
₹30,41,172
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 0901126041332023 by Daulat Ram against Antriksh Sanskriti Welfare Association, Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd before up_rera.
Delay condonation
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Hearing
The Tribunal refers the parties to a previously passed order dated 12.11.2024 in Appeal No. D 645/2023 for the relevant directions.
Hearing
Upon the joint request of both parties, the Tribunal has adjourned the appeal to be listed for hearing on 12.11.2024.
Defect Removal
The Tribunal granted extensions of time for the appellant to reply to objections and for respondent no. 3 to file their objections, while treating service on respondent no. 3 as sufficient.
Defect Removal
The order refers the parties to a previously passed order dated 30.05.2024 in Appeal No. D 645/2023 for further directions.
Defect Removal
The Tribunal granted the respondent three days to file objections regarding the application for condonation of delay and grounds of appeal, with subsequent timelines set for replies and document uploading.
Defect Removal
The Tribunal has scheduled the appeal for orders/hearing on 10.05.2024, referring to a previous order passed in Appeal No. D645 of 2023.
Defect Removal
The Tribunal refers the parties to a separate order passed in Appeal No. 645/2023 for the relevant directions.
Defect Removal
The Tribunal allowed an application to amend the address of respondent no.3 and directed the issuance of fresh notice, with the matter scheduled for hearing on 11.03.2024.
Defect Removal
The Tribunal issued notice to the respondent and outlined the procedural requirements for service of appeal documents and the filing of objections/replies before the next hearing on 09.11.2023.
Tribunal Order #0901126041332023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Amish Dabas
- Shobhit Mohan Shukla
Official RERA Tribunal Orders (1)
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Need to research all rulings for antriksh realtech pvt ltd?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.