Appellant / Complainant
Pravesh Chandra Verma
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 0901126042272023 by Pravesh Chandra Verma 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. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Hearing
The Tribunal refers the parties to a previously passed order dated in Appeal No. D 645/2023 for further directions.
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 and treated service on respondent no.3 as sufficient based on WhatsApp communication.
Defect Removal
The Tribunal directs that the orders for this matter are contained within the previously passed order 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 the grounds of appeal, with a subsequent hearing scheduled for May 30, 2024.
Defect Removal
The Tribunal has scheduled the appeal for further orders or hearing on 10.05.2024.
Defect Removal
This is a procedural order directing the parties to refer to the order passed in Appeal No. 645/2023 for instructions regarding orders.
Defect Removal
The Tribunal allowed an amendment application to correct 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/replies before the next hearing on 09.11.2023.
Tribunal Order #0901126042272023-19-12-2024
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. The Authority is directed to expeditiously execute previous 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 existing refund orders or execution proceedings. The Authority is directed 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 of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed 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 (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. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
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