Appellant / Complainant
Janak Dulari 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 0901126051562021 by Janak Dulari Sharma against Elegant Infracon Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and ordering the Regulatory Authority to penalize the developer for fraud and unfair trade practices.
Hearing
The Tribunal granted a request for adjournment from 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, subsequently scheduling the next hearing for 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 for both parties to list the appeal for orders or 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 a previous order passed in Appeal No. 906/2021 for the current order.
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
The Tribunal has rescheduled the hearing of Appeal-910/2021 to 10.07.2023 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel to review late-received objections and scheduled the appeal for hearing on 08.05.2023.
Hearing
The Tribunal granted the appellant's counsel one week to file a response to documents subsequently submitted by the respondent and rescheduled the defective appeal for hearing on 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 ordered the case to be listed for a subsequent hearing on 13.03.2023.
Hearing
The Tribunal has scheduled the case for further orders on 23.01.2023.
Hearing
This is a procedural order directing the reader to refer to a previous order passed in Appeal No. 906/2021.
Hearing
The Tribunal granted the respondent's counsel additional time to prepare his brief and adjourned the appeal for hearing to 22.12.2022.
Hearing
The Tribunal granted both parties additional time to file replies and prepare briefs, subsequently adjourning the matter to 25.11.2022.
Hearing
The Tribunal granted the respondent three days to file a supplementary affidavit but imposed a cost of Rs. 100/- due to delays in the proceedings, noting the mandate for timely disposal under Section 44(5) of the Act 2016.
Hearing
The Tribunal granted the respondent one week to review the appellant's rejoinder and adjourned the matter to 19.10.2022 for hearing.
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 grounds of appeal via email and the e-portal, with the applicant permitted one week thereafter to file a reply.
to file objections and its reply
The Tribunal has ordered the appeal to be listed for a hearing on 11.08.2022, referencing a previous order dated 20.07.2022.
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 upload their respective 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.
Further Order
The Tribunal directed the appellant to email the memo of appeal and application for condonation of delay to the respondent, establishing a timeline for filing objections and replies before the next hearing on 11.04.2022.
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 registry defects were removed and the appeal was filed within time, subsequently issuing notice to the respondent via registered post and e-mail.
Tribunal Order #0901126051562021-14-11-2024
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and ordering the Regulatory Authority to penalize the developer for fraud and unfair trade practices.
Tribunal Order #0901126051562021-19-10-2022
The Tribunal granted the respondent three days to file a supplementary affidavit but imposed a cost of Rs. 100/- due to delays in the proceedings, noting the mandate for timely disposal under Section 44(5) of the Act 2016.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and ordering the Regulatory Authority to penalize the developer for fraud and unfair trade practices. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and ordering the Regulatory Authority to penalize the developer for fraud and unfair trade practices.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Niraj Tiwari
Respondent Advocate(s)
- Prashant Kumar
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's orders and ruled that the appellants were allottees rather than investors, directing the respondent to hand over possession of the units and ordering the Regulatory Authority to penalize the developer for fraud and unfair trade practices.
The Tribunal granted the respondent three days to file a supplementary affidavit but imposed a cost of Rs. 100/- due to delays in the proceedings, noting the mandate for timely disposal under Section 44(5) of the Act 2016.
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