Appellant / Complainant
Sanjit Kumar Keshri
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 0901126041382023 by Sanjit Kumar Keshri 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 previously passed refund orders or pending complaints. The Authority is directed to expeditiously execute existing 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 further directions.
Hearing
The Tribunal has adjourned the appeal to 12.11.2024 following a joint request from both parties.
Defect Removal
The Tribunal granted extensions of time for respondents to file objections and for the appellant to file replies, while treating service on respondent no. 3 as sufficient based on WhatsApp communication.
Defect Removal
This is a procedural order directing the parties to refer to a previously passed order dated 30.05.2024 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 the 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, referencing a previous order passed in Appeal No. D645 of 2023.
Defect Removal
This is a procedural order directing the reader to refer to the 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, scheduling the next hearing for 11.03.2024.
Defect Removal
The Tribunal issued notice to the respondent and outlined the procedural timeline for service of appeal documents, filing objections, and subsequent replies.
Tribunal Order #0901126041382023-19-12-2024
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 previously passed refund orders or pending complaints. The Authority is directed to expeditiously execute existing 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 previously passed refund orders or pending complaints. The Authority is directed to expeditiously execute existing 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 previously passed refund orders or pending complaints. The Authority is directed to expeditiously execute existing 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 previously passed refund orders or pending complaints. The Authority is directed to expeditiously execute existing judgments and decide pending complaints within four months.
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