Appellant / Complainant
Sanjay Kapoor
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 0901126041392023 by Sanjay Kapoor 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, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a moratorium.
Hearing
This is a procedural order directing the reader to refer to a previous order passed 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 November 12, 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 also ruling that service on respondent no. 3 was sufficient via WhatsApp/email.
Defect Removal
This is a procedural order directing the reader to refer to the order passed in Appeal No. D 645/2023 for the relevant directions.
Defect Removal
The Tribunal granted the respondent three days to file objections regarding the application for condonation of delay and grounds of appeal, scheduling the next hearing for May 30, 2024.
Defect Removal
The Tribunal has scheduled the appeal for orders/hearing on 10.05.2024.
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, with the matter listed for hearing on 11.03.2024.
Defect Removal
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of appeal documents and filing of objections before the next hearing on 09.11.2023.
Tribunal Order #0901126041392023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a moratorium.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a moratorium. 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, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a moratorium.
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, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a moratorium.
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