Appellant / Complainant
Saurabh Mehrotra
Respondent
Bhavishya India
bhavishya india
₹13,35,400
Respondent
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 0901126052222022 by Saurabh Mehrotra against Bhavishya India before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal, upholding the Regulatory Authority's decision to reject the refund complaint because the project was unregistered, while clarifying that the allottee may file a fresh complaint once the project is registered or seek relief through alternative legal forums.
Hearing
The Tribunal heard arguments from the appellant's counsel regarding the appeal, noting that the respondent has been proceeded ex parte, and reserved the judgment for further delivery.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 09.12.2024.
Delay condonation
The Tribunal condoned a 19-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal. The matter is scheduled for hearing on November 12, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the hearing for 01.10.2024 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant's counsel additional time to prepare arguments and scheduled the next hearing for August 29, 2024.
Delay condonation
The Tribunal has scheduled a defective appeal for orders on 29.07.2024 due to the absence of the appellant's counsel.
Delay condonation
The Tribunal noted that the matter has proceeded ex parte against the respondent and granted a request to list the defective appeal for orders on 30.04.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel for personal reasons and scheduled the defective appeal for consideration of condonation of delay on 28.03.2024.
Delay condonation
The Tribunal noted the absence of the appellant's counsel and directed that the defective appeal be listed for consideration of the application for condonation of delay on 22.02.2024.
Delay condonation
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite sufficient service via publication, and scheduled the matter for 11.10.2023 to consider the application for condonation of delay.
Delay condonation
The Tribunal accepted the service of notice via newspaper publication for the respondent and granted 10 days for filing objections to the condonation of delay application and grounds of appeal.
Delay condonation
The Tribunal granted the appellant's request to issue a fresh notice for publication after they failed to take steps following the previous order, and scheduled the matter for hearing on 01.08.2023.
Delay condonation
The Tribunal allowed the appellant's application to serve notice on the respondent via publication in one English and one Hindi newspaper in Gautam Budh Nagar after approval of the draft by the Registrar.
Delay condonation
The Tribunal granted the appellant one week to file an application for newspaper publication of notice after the previous notice was returned unclaimed. The matter is listed for further orders on 23.01.2023.
Delay condonation
The Tribunal granted a one-week extension to the appellant to file an affidavit of service and adjourned the matter to 09.01.2023 following an adjournment request by counsel.
Delay condonation
The Tribunal allowed an application to amend the respondent's address and directed the issuance of notice to the respondent for a hearing on 21.12.2022.
Delay condonation
The Tribunal granted the appellant a one-week extension to file an application for correcting/amending the respondent's address and scheduled the case for orders on 23.11.2022.
Delay condonation
The Tribunal granted the appellant one week to file an application for amending or correcting the respondent's address after a postal consignment was returned as unclaimed.
Delay condonation
The Tribunal granted the appellant one week's time to file an affidavit of service due to its absence and scheduled the matter for orders on 31.10.2022.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the appellant to serve the notice via speed-post and email, with the matter listed for hearing on 30.09.2022.
Tribunal Order #0901126052222022-31-01-2025
The Tribunal dismissed the appeal, upholding the Regulatory Authority's decision to reject the refund complaint because the project was unregistered, while clarifying that the allottee may file a fresh complaint once the project is registered or seek relief through alternative legal forums.
Tribunal Order #0901126052222022-01-10-2024
The Tribunal condoned a 19-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal. The matter is scheduled for hearing on November 12, 2024.
Tribunal Order #0901126052222022-19-09-2023
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite sufficient service via publication, and scheduled the matter for 11.10.2023 to consider the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, upholding the Regulatory Authority's decision to reject the refund complaint because the project was unregistered, while clarifying that the allottee may file a fresh complaint once the project is registered or seek relief through alternative legal forums. Awarded in favor of Respondent. Awarded interest rate: MCLR+ 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, upholding the Regulatory Authority's decision to reject the refund complaint because the project was unregistered, while clarifying that the allottee may file a fresh complaint once the project is registered or seek relief through alternative legal forums.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+ 1%
Interest Period
from 17.11.2017 till the actual realization of the said amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Atul Kumar Singh
Respondent Advocate(s)
- | Counsel for Appellant AMIT YADAV ATUL KUMAR SINGH | |
Official RERA Tribunal Orders (3)
The Tribunal dismissed the appeal, upholding the Regulatory Authority's decision to reject the refund complaint because the project was unregistered, while clarifying that the allottee may file a fresh complaint once the project is registered or seek relief through alternative legal forums.
The Tribunal condoned a 19-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal. The matter is scheduled for hearing on November 12, 2024.
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite sufficient service via publication, and scheduled the matter for 11.10.2023 to consider the application for condonation of delay.
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