Appellant / Complainant
Anuj Gandhi
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 0901126045942023 by Anuj Gandhi 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 lacks the power to impose a moratorium or keep existing refund orders in abeyance under Section 8. Consequently, the Tribunal directed the expedited execution of previous orders and the merit-based decision of pending complaints within four months.
Delay condonation
The Tribunal refers the parties to a previous order passed in Appeal No. D 645/2023 for further directions.
Hearing
Upon the joint request of the parties, the Tribunal has adjourned the appeal and scheduled it for a hearing on November 12, 2024.
Defect Removal
The Tribunal accepted proof of service via WhatsApp for respondent no.3 and granted various parties time to file objections and replies before listing the matter for orders on 03.10.2024.
Defect Removal
The Tribunal granted the appellant one week to file an affidavit of service regarding notice to opposite party no. 3 and scheduled the matter for hearing on August 1, 2024.
Defect Removal
The Tribunal issued notice to the respondents regarding the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on 03.07.2024.
Defect Removal
The Tribunal granted the appellant one week's time to file an application for condonation of delay and scheduled the defective appeal for hearing on 03.05.2024.
Tribunal Order #0901126045942023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium or keep existing refund orders in abeyance under Section 8. Consequently, the Tribunal directed the expedited execution of previous orders and the merit-based decision of 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 lacks the power to impose a moratorium or keep existing refund orders in abeyance under Section 8. Consequently, the Tribunal directed the expedited execution of previous orders and the merit-based decision of 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 lacks the power to impose a moratorium or keep existing refund orders in abeyance under Section 8. Consequently, the Tribunal directed the expedited execution of previous orders and the merit-based decision of 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 lacks the power to impose a moratorium or keep existing refund orders in abeyance under Section 8. Consequently, the Tribunal directed the expedited execution of previous orders and the merit-based decision of pending complaints within four months.
Need to research all rulings for antriksh realtech pvt ltd?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.