Appellant / Complainant
Meeta Duggal
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 0901126047352023 by Meeta Duggal 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, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a rehabilitation scheme.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 645/2023.
For Order
The Tribunal granted the respondents 10 days to file objections to the memo of appeal and scheduled the next hearing for November 12, 2024.
For Order
The Tribunal directed the appellant to supply pleadings to respondent no.2 and treated service on respondent no.3 as sufficient based on WhatsApp communications, granting various parties time to file objections.
For Order
The Tribunal granted the appellant's request for additional time to file an affidavit of service for respondent no. 3 and adjourned the matter to August 1, 2024.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on 04.07.2024.
Defect Removal
The Tribunal granted the appellant three days to file an application for condonation of delay and scheduled the defective appeal for orders on 14.05.2024.
Defect Removal
The Tribunal granted the respondent one week to file an application for condonation of delay and scheduled the defective appeal for hearing on 03.05.2024.
Tribunal Order #0901126047352023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a rehabilitation scheme.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a rehabilitation scheme. 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, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a rehabilitation scheme.
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
Official RERA Tribunal Orders (1)
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, 2016, ruling that the Regulatory Authority lacks the power to stay or suspend previously passed refund orders and execution proceedings under the guise of a rehabilitation scheme.
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