Appellant / Complainant
Ranjana Gupta, Shalini Gupta
Respondent
Rudra Buildwell Infra Pvt. Ltd.
rudra buildwell infra pvt. ltd.
₹34,53,341
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 0901126048182022 by Ranjana Gupta, Shalini Gupta against Rudra Buildwell Infra Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back to the Authority to properly examine the allottees' right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to provide possession within the stipulated timeline.
Hearing
The Tribunal reserved judgment after finding that the Regulatory Authority likely misread facts regarding the project's completion, possession period, and the status of the Occupancy Certificate (OC/CC) in relation to the Builder-Buyer Agreement.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled a bunch of appeals (Sl. 42 to 53) for hearing on 07.02.2024, noting that no further adjournments will be permitted on the next date.
Hearing
The Tribunal granted an adjournment at the request of the appellant's counsel to allow for the correction and uploading of properly described annexures and to prepare arguments regarding refund demands under Section 18(1) of the Act.
Hearing
The Tribunal directed the appellant to file clear or typed copies of unreadable annexures within one week and scheduled the next hearing for 17.05.2023.
Hearing
The Tribunal adjourned the proceedings due to the absence of the respondent's counsel and scheduled the matter for hearing on 13.04.2023 along with similar appeals.
Hearing
The Tribunal granted a one-week extension to the respondent's counsel for preparation and rescheduled the hearing for this bunch of appeals to 02.03.2023.
Exchange of pleadings
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 13.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 21.12.2022.
Exchange of pleadings
The Tribunal directed the appellant to file a replication to the respondent's reply and serve it via email within one week, with the matter listed for hearing on 25.11.2022.
to file objections and its reply
The Tribunal granted the appellant permission to file a replication to the respondent's reply and scheduled the matter for further orders on 01.11.2022.
Notice
The Tribunal directed the respondent's counsel to register on the e-portal and granted ten days to file objections to the grounds of appeal, with a subsequent timeline set for the appellant's reply.
Admission
The Tribunal issued a notice to the respondent and established a procedural timeline for service of appeal documents and the filing of objections and replies.
Tribunal Order #0901126048182022-07-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back to the Authority to properly examine the allottees' right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to provide possession within the stipulated timeline.
Tribunal Order #0901126048182022-07-02-2024
The Tribunal reserved judgment after finding that the Regulatory Authority likely misread facts regarding the project's completion, possession period, and the status of the Occupancy Certificate (OC/CC) in relation to the Builder-Buyer Agreement.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back to the Authority to properly examine the allottees' right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to provide possession within the stipulated timeline. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back to the Authority to properly examine the allottees' right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to provide possession within the stipulated timeline.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Suyesh Pradhan
Respondent Advocate(s)
- Ajai Kumar Gupta
- Rishindra Vikram Singh
- Asif Anees
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back to the Authority to properly examine the allottees' right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to provide possession within the stipulated timeline.
The Tribunal reserved judgment after finding that the Regulatory Authority likely misread facts regarding the project's completion, possession period, and the status of the Occupancy Certificate (OC/CC) in relation to the Builder-Buyer Agreement.
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