Appellant / Complainant
Anita 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 0901126051582021 by Anita Chibba against Elegant Infracon Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the impugned orders, ruling that the appellants were allottees (not mere investors) and directing the respondent to handover possession of the units upon obtaining OC/CC, while also ordering the Regulatory Authority to penalize the respondent for unfair trade practices and fraud.
Hearing
The Tribunal granted a request for adjournment 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 them to serve copies to the respondent. The matter is listed 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 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 refers the parties to a previous order passed in Appeal No. 906/2021 regarding the current matter.
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 granted a request from both parties' counsels to reschedule the hearing of Appeal-909/2021 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 respondent an additional week to file relevant documents 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 matter for a hearing on 12.04.2023.
Hearing
The Tribunal ordered the case to be listed for a hearing on 13.03.2023 and referred to a previous order passed in Appeal No. 906/2021.
Hearing
The Tribunal has ordered the case to be listed on 23.01.2023 for further orders.
Hearing
The court has granted a request from the counsels of both parties to list the appeal on 10.01.2023.
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, imposing a cost of Rs. 100/- for the delay and directing the exchange of documents between parties.
Hearing
The Tribunal granted the respondent one week to review the appellant's rejoinder and rescheduled the appeal hearing for 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 and uploaded to the e-portal.
to file objections and its reply
The Tribunal granted the respondent 24 hours to file objections to the grounds of appeal and directed the applicant to file a reply within one week thereafter, scheduling the next hearing for September 7, 2022.
to file objections and its reply
The Tribunal has scheduled the appeal 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 exchange copies and upload documents to the e-portal accordingly.
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 with the respondent's email access, setting a timeline for subsequent filings.
Notice
The Tribunal directed the respondent to file objections to the grounds of appeal and serve a copy to the appellant's counsel via email, with the matter listed for 03.02.2022.
Defect Removal
The Tribunal noted that all registry defects have been removed and the appeal was filed within time, subsequently listing the matter for further orders on 10.01.2022.
Tribunal Order #0901126051582021-14-11-2024
The Tribunal set aside the impugned orders, ruling that the appellants were allottees (not mere investors) and directing the respondent to handover possession of the units upon obtaining OC/CC, while also ordering the Regulatory Authority to penalize the respondent for unfair trade practices and fraud.
Tribunal Order #0901126051582021-19-10-2022
The Tribunal granted the respondent a final three-day extension to file a supplementary affidavit, imposing a cost of Rs. 100/- for the delay and directing the exchange of documents between parties.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the impugned orders, ruling that the appellants were allottees (not mere investors) and directing the respondent to handover possession of the units upon obtaining OC/CC, while also ordering the Regulatory Authority to penalize the respondent for unfair trade practices and fraud. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the impugned orders, ruling that the appellants were allottees (not mere investors) and directing the respondent to handover possession of the units upon obtaining OC/CC, while also ordering the Regulatory Authority to penalize the respondent for unfair trade practices and fraud.
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 (2)
The Tribunal set aside the impugned orders, ruling that the appellants were allottees (not mere investors) and directing the respondent to handover possession of the units upon obtaining OC/CC, while also ordering the Regulatory Authority to penalize the respondent for unfair trade practices and fraud.
The Tribunal granted the respondent a final three-day extension to file a supplementary affidavit, imposing a cost of Rs. 100/- for the delay and directing the exchange of documents between parties.
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