Appellant / Complainant
Sandeep Thapa
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 0901126041422023 by Sandeep Thapa 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.
Hearing
The Tribunal granted the respondent time to seek instructions regarding refund arrangements for 15 appellants wishing to withdraw from the project and scheduled the matter for hearing on 19-12-2024.
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 of time for the parties to file replies and objections, treated service on respondent no.3 as sufficient based on WhatsApp communication, and scheduled the matter for orders on 03.10.2024.
Defect Removal
The Tribunal granted the appellant 10 days to file a reply to Respondent No. 1's objections and directed the respondent to ensure their objections are uploaded to the portal, scheduling the next hearing for August 1, 2024.
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 granted extensions of time to the parties for filing objections, replies, and an application for condonation of delay, scheduling the next hearing for May 10, 2024.
Defect Removal
The Tribunal granted extensions of time to the respondents for filing objections to the grounds of appeal and the application for condonation of delay, and scheduled the next hearing for April 15, 2024.
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 requirements for service of appeal documents and the filing of objections before the next hearing on 09.11.2023.
Tribunal Order #0901126041422023-19-12-2024
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.
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. 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.
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 existing refund orders or execution proceedings under Section 8.
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