Appellant / Complainant
Raj Luthra, Bhawna Luthra
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 0901126048192022 by Raj Luthra, Bhawna Luthra against Rudra Buildwell Infra Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, remanding the matter back for reconsideration in light of the allottees' unqualified right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to offer possession within the stipulated timeline.
Hearing
This is a procedural order directing the reader to refer to the orders passed in Appeal No. 545/2022 for the relevant directions.
Hearing
The Tribunal directed that the appeal be listed for hearing on February 7, 2024, and referred to a previous order passed in Appeal No. 545/2022.
Hearing
The Tribunal directed that the appeal be listed for a hearing on 30.10.2023 and referred to a previous order passed in Appeal No. 545/2022.
Hearing
This text represents the header/caption of an appeal filed by Raj Luthra against M/S Rudra Buildwell Infra Pvt. Ltd., but it does not contain any substantive rulings or directives.
Hearing
The Tribunal directed that this appeal be listed on 13.04.2023 along with similar matters, referencing a previous order passed in a related case.
Hearing
The Tribunal scheduled the appeal for a hearing on March 2, 2023, and referred to a previous order passed in Appeal No. 545 of 2022.
Exchange of pleadings
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the matter for hearing on 13.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment request from 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/response to the respondent's reply within one week and provide soft copies via email and the e-portal.
to file objections and its reply
The Tribunal directed the appellant to file a replication against the respondent's reply before the next hearing date 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 for the appellant's reply.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of notice and filing of objections/replies before the next hearing on 14.09.2022.
Tribunal Order #0901126048192022-07-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, remanding the matter back for reconsideration in light of the allottees' unqualified right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to offer possession within the stipulated timeline.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, remanding the matter back for reconsideration in light of the allottees' unqualified right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to offer 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 that directed allottees to take possession and pay balance dues, remanding the matter back for reconsideration in light of the allottees' unqualified right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to offer 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
- Asif Anees
Respondent Advocate(s)
- Rishindra Vikram Singh
Official RERA Tribunal Orders (1)
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, remanding the matter back for reconsideration in light of the allottees' unqualified right to seek a refund under Sections 18(1) and 19(4) of the RERA Act due to the developer's failure to offer possession within the stipulated timeline.
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