Appellant / Complainant
Vipin Upadhyay
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 0901126041442023 by Vipin Upadhyay 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 as it unlawfully attempted to create a moratorium on existing orders, and directed the Regulatory Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. D 645/2023 regarding the current matter.
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 filing of replies and objections by the parties and treated 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 grounds of appeal, with subsequent timelines set for replies and document uploading.
Defect Removal
The Tribunal has scheduled the appeal for orders or hearing on 10.05.2024, referring to a previous order passed in Appeal No. D645 of 2023.
Defect Removal
The Tribunal refers the parties to a previous order passed in Appeal No. 645/2023 for further directions.
Defect Removal
The Tribunal allowed an application to amend the address of respondent no. 3 and directed the issuance of fresh notice, while setting a timeline for filing objections and replies regarding the condonation of delay.
Defect Removal
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of appeal documents and filing of objections, scheduling the next hearing for November 9, 2023.
Tribunal Order #0901126041442023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires as it unlawfully attempted to create a moratorium on existing orders, and directed the Regulatory Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Order #0901126041442023-08-02-2024
The Tribunal allowed an application to amend the address of respondent no. 3 and directed the issuance of fresh notice, while setting a timeline for filing objections and replies regarding the condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires as it unlawfully attempted to create a moratorium on existing orders, and directed the Regulatory Authority to expeditiously execute previous 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 as it unlawfully attempted to create a moratorium on existing orders, and directed the Regulatory Authority to expeditiously execute previous 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 (2)
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires as it unlawfully attempted to create a moratorium on existing orders, and directed the Regulatory Authority to expeditiously execute previous judgments and decide pending complaints within four months.
The Tribunal allowed an application to amend the address of respondent no. 3 and directed the issuance of fresh notice, while setting a timeline for filing objections and replies regarding the condonation of delay.
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