Appellant / Complainant
Vikas Kumar Chauhan
Respondent
Charm India Private Limited
charm india private limited
₹26,19,481
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 0901126048112022 by Vikas Kumar Chauhan against Charm India Private Limited before up_rera.
Hearing
The Tribunal set aside the RERA Authority's order, finding that the promoter committed fraud by creating third-party rights without cancelling the appellant's allotment; consequently, the respondent is directed to handover possession and execute the conveyance deed for Flat No. 1108 within 45 days.
Hearing
The Tribunal has adjourned the matter to 07.11.2024 and directed the respondent to produce records regarding the cancellation of the unit and proof of communication to the appellant at the next hearing.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulty and scheduled the case for orders on 03.10.2024.
Hearing
Upon a joint request from the counsel for both parties, the tribunal has adjourned the appeal to 11.09.2024 for orders or hearing.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter and rescheduled the hearing for 15.05.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for May 2, 2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence and rescheduled the hearing for April 3, 2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the appeal for a hearing on 29.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work and rescheduled the hearing for 17.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the hearing for 11.09.2023.
Hearing
The Tribunal adjourned the proceedings and ordered that the appeal be listed for orders or hearing since pleadings have been exchanged.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulties and scheduled the appeal for final hearing on 28.03.2023.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for January 17, 2023.
For Order
The Tribunal granted the respondent a final 10-day extension to file objections to the grounds of appeal and directed the parties to exchange copies via email and upload them to the e-portal.
Notice
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the parties to exchange copies via email and upload them to the e-portal before the next hearing on 24.11.2022.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of appeal documents via speed-post and email, scheduling the next hearing for 15.09.2022.
Tribunal Order #0901126048112022-07-11-2024
The Tribunal set aside the RERA Authority's order, finding that the promoter committed fraud by creating third-party rights without cancelling the appellant's allotment; consequently, the respondent is directed to handover possession and execute the conveyance deed for Flat No. 1108 within 45 days.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order, finding that the promoter committed fraud by creating third-party rights without cancelling the appellant's allotment; consequently, the respondent is directed to handover possession and execute the conveyance deed for Flat No. 1108 within 45 days. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order, finding that the promoter committed fraud by creating third-party rights without cancelling the appellant's allotment; consequently, the respondent is directed to handover possession and execute the conveyance deed for Flat No. 1108 within 45 days.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Raj Singh
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (1)
The Tribunal set aside the RERA Authority's order, finding that the promoter committed fraud by creating third-party rights without cancelling the appellant's allotment; consequently, the respondent is directed to handover possession and execute the conveyance deed for Flat No. 1108 within 45 days.
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