Appellant / Complainant
Jatin Sharma
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 0901126051542021 by Jatin Sharma 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 and execute conveyance deeds after obtaining OC/CC.
Hearing
The Tribunal granted a request for adjournment made by the respondent's counsel and rescheduled the hearing for November 14, 2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the appellant seven days to file supporting judgments and directed that copies be served to the respondent. The matter is scheduled for hearing on 16.10.2024.
Hearing
The Tribunal granted a final opportunity to the respondent for adjournment and scheduled the appeal for orders/hearing on 12.09.2024.
Hearing
The Tribunal has granted a joint request from the counsel of both parties to list the appeal for 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 granted an adjournment requested by the Appellant's counsel due to illness and rescheduled the hearing for 22.03.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to their absence and rescheduled the hearing for February 20, 2024.
Hearing
Upon a joint request from the counsels for both parties, the Tribunal has rescheduled the hearing of Appeal-906/2021 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 granted the appellant's counsel one week to file a response to documents subsequently submitted by the respondent and rescheduled the hearing for 26.04.2023.
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 granted the respondent one week to file a cancellation order and evidence of document manipulation, while allowing the appellant three days to file a rebuttal.
Hearing
The Tribunal has scheduled the case for further orders on 08.02.2023 and directed reference to the order passed in a related matter (Appeal No. 907/2021).
Hearing
The Tribunal adjourned the matter to 10.01.2023 to allow the appellant's counsel time to respond to a preliminary objection regarding the maintainability of the appeal due to pending litigation before the NCDRC.
For Order
The Tribunal granted a request to list the appeal for hearing on 22.12.2022.
Hearing
The Tribunal adjourned the proceedings to allow both the appellant and respondent additional time to file replies and prepare briefs, scheduling the next hearing for 25.11.2022.
Hearing
The Tribunal granted the respondent three days 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.
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 file objections to the appeal and directed the appellant to reply within one week, scheduling the next hearing for September 7, 2022.
to file objections and its reply
The Tribunal granted a final two-week extension for the respondent to file objections to the grounds of appeal, subject to a cost of Rs. 50/- to be used for library books.
to file objections and its reply
The Tribunal granted the respondent a two-week extension to file objections to the appeal and directed the parties to adhere to specific timelines for filing replies and uploading documents to 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.
Further Order
The Tribunal directed the appellant to email the memo of appeal and application for condonation of delay to the respondent due to technical issues with the respondent's email access, setting a timeline for subsequent filings and objections.
Notice
The Tribunal noted that defects were removed and notice was served; it directed the respondent to file objections to the appeal and listed the matter for 03.02.2022.
Defect Removal
The Tribunal noted that all registry defects have been removed and directed the issuance of notice to the respondent via registered post and email, with the case listed for further orders on 10.01.2022.
Tribunal Order #0901126051542021-14-11-2024
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 and execute conveyance deeds after obtaining OC/CC.
Tribunal Order #0901126051542021-23-02-2023
The Tribunal granted the respondent one week to file a cancellation order and evidence of document manipulation, while allowing the appellant three days to file a rebuttal.
Tribunal Order #0901126051542021-20-07-2022
The Tribunal granted a final two-week extension for the respondent to file objections to the grounds of appeal, subject to a cost of Rs. 50/- to be used for library books.
Tribunal Order #0901126051542021-19-10-2022
The Tribunal granted the respondent three days 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 and execute conveyance deeds after obtaining OC/CC. 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 and execute conveyance deeds after obtaining OC/CC.
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 (4)
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 and execute conveyance deeds after obtaining OC/CC.
The Tribunal granted the respondent one week to file a cancellation order and evidence of document manipulation, while allowing the appellant three days to file a rebuttal.
The Tribunal granted a final two-week extension for the respondent to file objections to the grounds of appeal, subject to a cost of Rs. 50/- to be used for library books.
The Tribunal granted the respondent three days 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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