Appellant / Complainant
Meghna Anand
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 0901126041402023 by Meghna Anand 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 previously passed refund orders or execution proceedings. The Authority is directed to expeditiously execute existing judgments and decide pending complaints within four months.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 645/2023.
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 for filing objections to the appeal and deemed service on respondent no.3 sufficient based on WhatsApp communication, scheduling the case for orders on 03.10.2024.
Defect Removal
The Tribunal granted the appellant one week to file an affidavit of service regarding notice to opposite party no. 3 and scheduled the matter for hearing on August 1, 2024.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on 03.07.2024.
Defect Removal
The Tribunal granted the respondent one week to file an application for condonation of delay and scheduled the defective appeal for hearing on May 3, 2024.
Tribunal Order #0901126041402023-19-12-2024
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 execution proceedings. 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 execution proceedings. 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 execution proceedings. 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 execution proceedings. The Authority is directed to expeditiously execute existing judgments and decide pending complaints within four months.
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