Appellant / Complainant
Sanjay Chibba
Respondent
Elegant Infracon Pvt Ltd
elegant infracon pvt ltd
₹10,98,572
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 0901126050982021 by Sanjay Chibba against Elegant Infracon Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's orders, ruling that the appellants were allottees rather than investors, and directed the respondent to handover possession of the units upon obtaining OC/CC and execute conveyance deeds.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and rescheduled the hearing for 14.11.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the appellant seven days to file supporting judgments and directed them to serve copies to the respondent, subsequently listing the appeal for hearing on 16.10.2024.
Hearing
The Tribunal granted a final opportunity to the respondent and adjourned the appeal for orders/hearing to 12.09.2024.
Hearing
The Tribunal noted that the appeal is ready for hearing and, upon a joint request from both parties' counsel, scheduled the matter for orders/hearing on 15.05.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a personal bereavement and rescheduled the appeal for hearing on 16.04.2024.
Hearing
The Tribunal refers the parties to the order previously issued in Appeal No. 906/2021 for the substantive directions.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and rescheduled the hearing for February 20, 2024.
Hearing
Upon the joint request of the counsels for both parties, the tribunal has rescheduled the hearing of Appeal-908/2021 to 10.07.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel to review late-received objections and rescheduled the hearing for May 8, 2023.
Hearing
The Tribunal has rescheduled the hearing of Appeal-908/2021 to 26.04.2023 based on a joint request from the counsels for both parties.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the appeal for a hearing on 12.04.2023.
Hearing
The Tribunal directed the case to be listed on 13.03.2023 and referred to a previous order passed in Appeal No. 906/2021 for substantive directions.
Hearing
The Tribunal has scheduled the matter for further orders on January 23, 2023, and directed reference to a previous order passed in Appeal No. (D) 907/2021.
Hearing
The Tribunal granted a request to list the appeal for hearing on 22.12.2022.
Hearing
The Tribunal granted both the appellant and respondent additional time to file replies and prepare briefs, subsequently adjourning the matter to 25.11.2022.
Hearing
The Tribunal granted the respondent a final three-day extension to file a supplementary affidavit, subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
Hearing
The Tribunal granted the respondent one week to review the appellant's rejoinder and adjourned the appeal for hearing to 19.10.2022 upon joint request of the counsels.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that a soft copy be shared with the respondent before uploading it to the e-portal. The matter is scheduled for hearing on 21.09.2022.
to file objections and its reply
The Tribunal granted the respondent 24 hours to submit objections to the grounds of appeal and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for September 7, 2022.
to file objections and its reply
The Tribunal refers to a previous order dated 20.07.2022 and lists the appeal for hearing on 11.08.2022.
to file objections and its reply
The Tribunal granted the respondent a two-week extension to file objections to the appeal due to complex legal questions and directed the parties to upload their filings on the e-portal.
to file objections and its reply
The Tribunal directed the Registry to convert the defective appeal into a regular appeal if no defects are found and granted the respondent 10 days to file objections to the condonation application and grounds of appeal.
Further Order
The Tribunal directed the appellant's counsel to email the memo of appeal and application for condonation of delay to the respondent due to technical issues, setting a timeline for subsequent filings and objections.
Notice
The Tribunal noted that the appeal was filed within time and directed the respondent to file their objections to the grounds of appeal by the next hearing date.
Defect Removal
The Tribunal noted that all defects in the appeal have been removed and directed that notice be issued to the respondent via registered post and email, with the case listed for further orders on 10.01.2022.
Tribunal Order #0901126050982021-11-04-2022
The Tribunal directed the Registry to convert the defective appeal into a regular appeal if no defects are found and granted the respondent 10 days to file objections to the condonation application and grounds of appeal.
Tribunal Order #0901126050982021-14-11-2024
The Tribunal set aside the Regulatory Authority's orders, ruling that the appellants were allottees rather than investors, and directed the respondent to handover possession of the units upon obtaining OC/CC and execute conveyance deeds.
Tribunal Order #0901126050982021-19-10-2022
The Tribunal granted the respondent a final three-day extension to file a supplementary affidavit, subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's orders, ruling that the appellants were allottees rather than investors, and directed the respondent to handover possession of the units upon obtaining OC/CC and execute conveyance deeds. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's orders, ruling that the appellants were allottees rather than investors, and directed the respondent to handover possession of the units upon obtaining OC/CC and execute conveyance deeds.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Niraj Tiwari
Respondent Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Official RERA Tribunal Orders (3)
The Tribunal directed the Registry to convert the defective appeal into a regular appeal if no defects are found and granted the respondent 10 days to file objections to the condonation application and grounds of appeal.
The Tribunal set aside the Regulatory Authority's orders, ruling that the appellants were allottees rather than investors, and directed the respondent to handover possession of the units upon obtaining OC/CC and execute conveyance deeds.
The Tribunal granted the respondent a final three-day extension to file a supplementary affidavit, subject to a cost of Rs. 100/-, while noting the respondent's delaying tactics in violation of the Act's mandate for timely disposal.
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