Appellant / Complainant
T- Rose Tower Flat Owners Association
Respondent
New Engineers India
new engineers india
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 0901126051962021 by T- Rose Tower Flat Owners Association against New Engineers India before up_rera.
Part Heard
The Tribunal ruled that the appeal was maintainable and found the respondent-promoter in violation of Section 14 of the Act 2016 for adding an extra floor to Tower-C without the required two-thirds consent of allottees, directing the Regulatory Authority to initiate penalty proceedings under Section 61.
Hearing
The Tribunal noted the appellant's request for penalties under Chapter VIII of the RERA Act due to alleged violations of Section 14 regarding plan changes and granted the respondent time to clarify compliance before listing the matter for further hearing on 29.01.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the case for orders/hearing on 03.01.2025.
Hearing
The proceedings were adjourned at the request of the respondent's counsel, with the appeal scheduled for a hearing on 29.11.2024.
Hearing
The Tribunal granted an adjournment request made by the counsel for the respondent and scheduled the appeal for orders/hearing on 06.11.2024.
Hearing
The Tribunal granted the respondent three days to file hard copies of their objections to the amended memo of appeal and directed the appellant to file a reply within one week, scheduling the next hearing for October 4, 2024.
Hearing
The Tribunal granted the respondent one week to file objections to the amended memo of appeal and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for 02.08.2024.
Hearing
The Tribunal allowed the appellant's application to amend the prayer clause of the memo of appeal and directed the appellant to incorporate the changes and serve the respondent accordingly.
Hearing
The Tribunal granted the respondent 10 days to file objections to an amendment application and directed the parties to exchange soft copies via email before the next hearing on 19.04.2024.
Hearing
The Tribunal granted the respondent one week to upload an application for amendment of the prayer clause and scheduled the next hearing for 19.03.2024.
Hearing
The Tribunal granted a request from the appellant's counsel for more time to prepare their brief and adjourned the proceedings to 16.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
Hearing
The Tribunal granted the appellant's counsel a one-week extension to file a reply to the respondent's supplementary filing and scheduled the next hearing for July 26, 2023.
For Order
The Tribunal granted the appellant's request for more time to prepare their brief and rescheduled the hearing for 15.05.2023.
For Order
The Tribunal granted the Respondent a one-week extension to file supplementary objections/replies and scheduled the matter for orders/hearing on 11.04.2023.
Further Order
The Tribunal granted the respondent 10 days to file a supplementary objection/reply regarding new facts mentioned by the appellant and scheduled the matter for hearing on 16.03.2023.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for January 16, 2023.
Further Order
The Tribunal directed the respondent to provide a copy of their supplementary objection via email and ordered the appellant to file a replication/rejoinder before the next hearing on 07.12.2022.
Further Order
The Tribunal adjourned the appeal to 12.10.2022 due to the absence of the appellant.
Further Order
The Tribunal noted the change of counsel for both parties and scheduled the appeal for a hearing on 23.09.2022.
Further Order
The Tribunal granted the appellant two weeks to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for September 14, 2022.
Delay condonation
The Tribunal condoned the approximately 100-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
Hearing
The Tribunal directed the respondent to file an objection to the delay condonation application within two weeks and ordered both parties to upload their pleadings on the e-portal before the next hearing on 02.08.2022.
Hearing
The Tribunal noted that notice was served upon the respondent and scheduled the case for a hearing on 25.05.2022.
Hearing
The Tribunal adjourned the matter due to non-appearance of parties and directed that the defective appeal be listed for hearing on 20.04.2022.
Notice
The Tribunal granted a one-week extension for the applicant to take steps regarding the condonation of delay and directed the issuance of fresh notices to the respondent, returnable on 20.01.2022.
Delay condonation
The Tribunal noted that the appeal was filed beyond the limitation period and issued notice to the respondent, scheduling the matter for 20.12.2021 to address the limitation application.
Tribunal Order #0901126051962021-03-01-2025
The Tribunal noted the appellant's request for penalties under Chapter VIII of the RERA Act due to alleged violations of Section 14 regarding plan changes and granted the respondent time to clarify compliance before listing the matter for further hearing on 29.01.2025.
Tribunal Order #0901126051962021-02-08-2022
The Tribunal condoned the approximately 100-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126051962021-29-01-2025
The Tribunal ruled that the appeal was maintainable and found the respondent-promoter in violation of Section 14 of the Act 2016 for adding an extra floor to Tower-C without the required two-thirds consent of allottees, directing the Regulatory Authority to initiate penalty proceedings under Section 61.
Tribunal Order #0901126051962021-19-04-2024
The Tribunal allowed the appellant's application to amend the prayer clause of the memo of appeal and directed the appellant to incorporate the changes and serve the respondent accordingly.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the appeal was maintainable and found the respondent-promoter in violation of Section 14 of the Act 2016 for adding an extra floor to Tower-C without the required two-thirds consent of allottees, directing the Regulatory Authority to initiate penalty proceedings under Section 61. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that the appeal was maintainable and found the respondent-promoter in violation of Section 14 of the Act 2016 for adding an extra floor to Tower-C without the required two-thirds consent of allottees, directing the Regulatory Authority to initiate penalty proceedings under Section 61.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Faisal Ahmad Khan
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (4)
The Tribunal noted the appellant's request for penalties under Chapter VIII of the RERA Act due to alleged violations of Section 14 regarding plan changes and granted the respondent time to clarify compliance before listing the matter for further hearing on 29.01.2025.
The Tribunal condoned the approximately 100-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
The Tribunal ruled that the appeal was maintainable and found the respondent-promoter in violation of Section 14 of the Act 2016 for adding an extra floor to Tower-C without the required two-thirds consent of allottees, directing the Regulatory Authority to initiate penalty proceedings under Section 61.
The Tribunal allowed the appellant's application to amend the prayer clause of the memo of appeal and directed the appellant to incorporate the changes and serve the respondent accordingly.
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