Trilochan Singh

The Tribunal set aside the previous dismissal of the appellant's complaint and restored it to the Regulatory Authority for a fresh decision on merits, accounting for subsequent developments including the execution of a conveyance deed.

The Tribunal directed the respondent to submit the project permit to verify its registration status with the U.P. Real Estate Regulatory Authority and scheduled the next hearing for 06.05.2025.

The Tribunal directed the respondent developer to complete and offer the apartment in habitable condition within sixty days and ordered Director Arif Farooqui to appear in person with an affidavit detailing project status, registration, allottee numbers, and possession status.

The Tribunal directed the respondent-promoter's representative to appear with project and unit records to verify the existence of OC/CC documents and the physical condition of the unit following allegations of fraud and lack of basic amenities.

The Tribunal granted the respondent one week to rectify defects and make the appellant's unit habitable, requiring an affidavit from the CMD confirming completion of the remaining work.

The Tribunal directed the respondent's counsel to verify whether peaceful possession with all amenities has been provided to the appellant following the execution of the conveyance deed on 27.07.2023.

The Tribunal granted the respondent a one-week extension to fulfill its obligation to pay Rs. 5,00,000/- to the appellant.

The Respondent has committed to either allotting the unit to the Appellant or paying a minimum of Rs. 5,00,000/- if allotment fails, with the matter listed for further orders on 29.05.2023.

The Tribunal granted an adjournment requested by the respondent's counsel but issued a reprimand regarding future adjournments and directed the respondent to comply with a previous order and explain the status of Rs. 18,00,000/- owed to the appellant.

The Tribunal noted that the respondent failed to explain why a significant portion of the appellant's Rs. 36,49,213/- payment remains unpaid and granted the respondent one week to record the status of the outstanding amount.

The respondent (Aftek Developers Private Limited) submitted that they will endeavor to handover possession of the unit in a habitable condition. The matter is listed for orders on 12.03.2026.

The Tribunal allowed the appellant's application to amend the reliefs sought and add new grounds in the appeal. The order also notes respondent's admission regarding the execution of conveyance deeds without an OC/CC and the inability to handover possession.

The Tribunal heard arguments regarding the appellant's claim for delay interest due to lack of amenities despite execution of the sale deed; however, the judgment has been reserved.

The Tribunal noted that the parties have resolved their dispute through an amicable settlement involving the execution of a conveyance deed and transfer of possession; consequently, the appeal is marked as infructuous and listed for 07.02.2024 to allow the appellant to address any remaining grievances.

Due to the respondent's failure to pay the directed installment, the Tribunal directs the appellant to submit a CA certificate detailing all payments and interest calculations for verification by the respondent.