Appellant / Complainant
Alok Malhotra
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 0901126048402022 by Alok Malhotra 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
This is a procedural order noting that the orders for this appeal are to be seen as per the orders passed in Appeal No. 545/2022.
Hearing
The Tribunal directed that the appeal be listed for hearing on 07.02.2024 and referred to a previous order passed in Appeal No. 545/2022.
Hearing
The Tribunal has scheduled the appeal for a hearing on 30.10.2023 and referred to a previous order passed in Appeal No. 545/2022.
Hearing
The Tribunal directs the parties to refer to the order previously passed in Appeal No. 545/2022 for instructions regarding this matter.
Hearing
The Tribunal directed that this appeal be listed on 13.04.2023 along with similar matters, referring to a previous order passed in a related case (Appeal No. 545/2022).
Hearing
The Tribunal lists the appeal for hearing on March 2, 2023, and refers to an order previously 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 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 within one week and provide soft copies via email and the e-portal before the next hearing on 25.11.2022.
to file objections and its reply
The Tribunal directed the appellant to file a replication against the respondent's reply and scheduled the case for further orders on November 1, 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 subsequent timelines set for replies and electronic service.
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 #0901126048402022-07-05-2024
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 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
- Asif Anees
Respondent Advocate(s)
- Ajai Kumar Gupta
- Rishindra Vikram Singh
Official RERA Tribunal Orders (1)
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.
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