Appellant / Complainant
Baldeo Ram
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association
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 0901126041362023 by Baldeo Ram against Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association 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 under Section 8. The Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Hearing
The Tribunal refers the parties to a previously passed order dated in Appeal No. D 645/2023 for the relevant directions.
Hearing
Upon the joint request of both parties, the Tribunal has adjourned the appeal for a hearing on 12.11.2024.
Defect Removal
The Tribunal treated service on respondent no.3 as sufficient based on WhatsApp communication and granted respondent no.3 ten days to file objections, with the case listed for orders on 03.10.2024.
Defect Removal
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 645/2023.
Defect Removal
The Tribunal granted the respondent three days to file objections regarding the application for condonation of delay and directed the parties to exchange documents and upload them to the e-portal before the next hearing on 30.05.2024.
Defect Removal
The Tribunal has scheduled the appeal for orders or hearing on 10.05.2024.
Defect Removal
The Tribunal refers the parties to a previous order passed in Appeal No. 645/2023 for directions.
Compliance of section 43(5)
The Tribunal allowed the amendment application (IA No. 466/2024) to correct the address of respondent no.3 and directed the issuance of fresh notice, with the matter listed for hearing on the condonation of delay application on 11.03.2024.
Defect Removal
The Tribunal issued notice to the respondent and outlined specific procedural requirements for service of appeal documents and filing of objections before the next hearing on 09.11.2023.
Tribunal Order #0901126041362023-19-12-2024
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 under Section 8. The Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Order #0901126041362023-08-02-2024
The Tribunal allowed the amendment application (IA No. 466/2024) to correct the address of respondent no.3 and directed the issuance of fresh notice, with the matter listed for hearing on the condonation of delay application on 11.03.2024.
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 under Section 8. The Tribunal directed the Authority 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 under Section 8. The Tribunal directed the Authority 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 (2)
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 under Section 8. The Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
The Tribunal allowed the amendment application (IA No. 466/2024) to correct the address of respondent no.3 and directed the issuance of fresh notice, with the matter listed for hearing on the condonation of delay application on 11.03.2024.
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