up_reraStatus: Completed
CASE ID: 0901126048522022

Appellant / Complainant

Wasim Ahmed, Sadaf Ayesha

VS

Respondent

Rudra Buildwell Infra Pvt. Ltd.

Developer Firm

rudra buildwell infra pvt. ltd.

Disputed Amount

34,53,341

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / Interest

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

19 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126048522022 by Wasim Ahmed, Sadaf Ayesha against Rudra Buildwell Infra Pvt. Ltd. before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / Interest
2
Stage 107/05/2024

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.

3
Stage 207/02/2024

Hearing

This is a procedural order directing the reader to refer to the orders passed in Appeal No. 545/2022 for substantive directions.

4
Stage 329/01/2024

Hearing

The Tribunal has scheduled the appeal for a hearing on 07.02.2024 and referred to a previous order passed in Appeal No. 545/2022.

5
Stage 430/10/2023

Hearing

No text available.

6
Stage 518/09/2023

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.

7
Stage 628/07/2023

Hearing

No text available.

8
Stage 717/05/2023

Hearing

No text available.

9
Stage 813/04/2023

Hearing

This document appears to be a header or a formal case identification entry for Appeal-556/2022 involving Mr. Wasimahmed before the U.P. Real Estate Appellate Tribunal, containing no substantive rulings or directives.

10
Stage 902/03/2023

Hearing

The Tribunal directed that the order passed in Appeal No. 545/2022 (Ranjana Gupta Vs. M/s Rudra Buildwell Infra Pvt. Ltd.) applies to this matter and scheduled the appeal for hearing on 13.04.2023 along with similar cases.

11
Stage 1013/02/2023

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.

12
Stage 1121/12/2022

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.

13
Stage 1225/11/2022

Exchange of pleadings

The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 21.12.2022.

14
Stage 1301/11/2022

Exchange of pleadings

The Tribunal directed the appellant to file a replication to the respondent's reply within one week and provided a subsequent hearing date of 25.11.2022.

15
Stage 1417/10/2022

to file objections and its reply

The Tribunal directed the appellant's counsel to file a replication against the respondent's reply by the next hearing date and scheduled the matter for further orders on 01.11.2022.

16
Stage 1514/09/2022

Notice

The Tribunal directed the respondent's counsel to register on the e-portal and granted ten days for filing objections to the appeal, with a subsequent timeline set for the appellant's reply.

17
Stage 1618/08/2022

Admission

The Tribunal issued a notice to the respondent and established procedural timelines for service of appeal documents and the filing of objections/replies before the next hearing on 14.09.2022.

18
Stage 17Final Ruling Order

Tribunal Order #0901126048522022-07-05-2024

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.

Disposal Phase

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. Awarded interest rate: MCLR + 1 percent.

Disposal Winner: AppellantInterest Rate: MCLR + 1 percentStatus: Completed

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

Awarded Interest Rate

MCLR + 1 percent

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Amit Yadav
  • Suyesh Pradhan

Respondent Advocate(s)

  • Ajai Kumar Gupta
  • Rishindra Vikram Singh

Official RERA Tribunal Orders (1)

FINAL_ORDEROrder ID: 0901126048522022-07-05-2024

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.

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