Appellant / Complainant
Shyam Narayan Choudhary
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association
antriksh realtech pvt ltd
₹30,41,172
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 0901126048642023 by Shyam Narayan Choudhary against Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association before up_rera.
Delay condonation
The Tribunal declared paragraph 18 of the Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Delay condonation
The Tribunal refers the parties to a previous order passed in Appeal No. D 645/2023 regarding the current matter.
Hearing
The Tribunal has adjourned the appeal to 12.11.2024 following a joint request from both parties.
Defect Removal
The Tribunal accepted service on respondent no.3 as sufficient via WhatsApp communication and granted various parties time to file objections and replies before the next hearing on 03.10.2024.
Defect Removal
The Tribunal granted the appellant one week to file an affidavit of service regarding notice for opposite party no. 3 and scheduled the matter for hearing on August 1, 2024.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on July 3, 2024.
Defect Removal
The Tribunal granted the appellant one week to file an application for condonation of delay and scheduled the defective appeal for hearing on May 3, 2024.
Tribunal Order #0901126048642023-19-12-2024
The Tribunal declared paragraph 18 of the Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal declared paragraph 18 of the Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Amish Dabas
- Shobhit Mohan Shukla
Official RERA Tribunal Orders (1)
The Tribunal declared paragraph 18 of the Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority cannot unilaterally impose a moratorium on existing refund orders or execution proceedings. The Authority is directed to expeditiously execute previous judgments and decide pending complaints within four months.
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