Appellant / Complainant
Pawan Chetal
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 0901126041412023 by Pawan Chetal against Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association before up_rera.
Hearing
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 existing refund orders or impose a moratorium on execution proceedings under Section 8.
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 scheduled on 12.11.2024.
Defect Removal
The Tribunal granted extensions of time for respondents to file objections and for the appellant to file replies, while also ruling that service on respondent no. 3 is deemed sufficient based on WhatsApp communication.
Defect Removal
The Tribunal granted Respondent No. 1 ten days to file objections and a vakalatnama, with the appellant permitted to file a reply within one week thereafter.
Defect Removal
The Tribunal directed that the appeal be listed for orders or hearing on 10.05.2024, referring to a previous order passed in Appeal No. D645 of 2023.
Defect Removal
The Tribunal granted an adjournment requested by the appellant's counsel and directed both respondents to file their respective objections/vakalatnamas, with the appellant directed to file replies within a week of receipt.
Defect Removal
The Tribunal granted an adjournment due to the appellant's illness and extended the deadline for the respondent to file objections by 10 days, scheduling the next hearing for March 11, 2024.
Defect Removal
The Tribunal allowed an application to amend the address of respondent No. 3 and directed the appellant to file an amended memo of appeal within one week.
Defect Removal
The Tribunal granted the appellant one week to rectify filing defects and directed that notice be issued to the respondent regarding the application for condonation of delay, with the matter listed for 16.01.2024.
Tribunal Order #0901126041412023-19-12-2024
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 existing refund orders or impose a moratorium on execution proceedings under Section 8.
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 existing refund orders or impose a moratorium on execution proceedings under Section 8. 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 existing refund orders or impose a moratorium on execution proceedings under Section 8.
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
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 existing refund orders or impose a moratorium on execution proceedings under Section 8.
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