Appellant / Complainant
Divya Singh
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 0901126048382022 by Divya Singh against Rudra Buildwell Infra Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order directing allottees to take possession and remanded the matter back for reconsideration under Sections 18(1) and 19(4) of the RERA Act, recognizing the allottees' unqualified right to seek a refund due to the developer's failure to provide possession within the stipulated timeline.
Hearing
This is a procedural order referring the matter to the orders passed in Appeal No. 545/2022.
Hearing
The Tribunal has listed Appeal No. 549/2022 for a hearing on February 7, 2024.
Hearing
The Tribunal directed that the appeal be listed for hearing on 30.10.2023, referring to a previous order passed in Appeal No. 455/2022.
Hearing
This text represents the header/caption of an appeal case (APPEAL-549/2022) before the U.P. Real Estate Appellate Tribunal, but 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 has scheduled the appeal for a hearing on March 2, 2023, and directed reference 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 to the respondent's reply and scheduled the next hearing for 13.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment requested 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/response to the respondent's reply within one week and serve it via email and the e-portal before the next hearing on 25.11.2022.
to file objections and its reply
The Tribunal granted the appellant permission to file a replication against 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 hearing scheduled for 17.10.2022.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of notice and the exchange of objections and replies between the parties.
Tribunal Order #0901126048382022-07-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order directing allottees to take possession and remanded the matter back for reconsideration under Sections 18(1) and 19(4) of the RERA Act, recognizing the allottees' unqualified right to seek a refund due to the developer's failure to provide possession within the stipulated timeline.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order directing allottees to take possession and remanded the matter back for reconsideration under Sections 18(1) and 19(4) of the RERA Act, recognizing the allottees' unqualified right to seek a refund 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 directing allottees to take possession and remanded the matter back for reconsideration under Sections 18(1) and 19(4) of the RERA Act, recognizing the allottees' unqualified right to seek a refund 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)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Official RERA Tribunal Orders (1)
The Appellate Tribunal set aside the Regulatory Authority's order directing allottees to take possession and remanded the matter back for reconsideration under Sections 18(1) and 19(4) of the RERA Act, recognizing the allottees' unqualified right to seek a refund due to the developer's failure to provide possession within the stipulated timeline.
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