Appellant / Complainant
Swagat Maity
Respondent
Mahaluxmi Infrahome Private Ltd
mahaluxmi infrahome private ltd
₹11,83,359
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 0901126059042021 by Swagat Maity against Mahaluxmi Infrahome Private Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism for adjudicating commercial arrangements such as assured returns or Pre-EMI subvention schemes, which are considered independent commercial agreements between parties.
For Order
The Tribunal heard arguments regarding a dispute over Pre-EMI/subvention scheme obligations and the validity of the Regulatory Authority's previous directions; however, no final ruling was issued as judgment was reserved.
For Order
The Tribunal has adjourned the matter to 08.05.2023 for orders or hearing upon the joint request of the counsels for both parties.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to medical reasons and scheduled the next hearing for 27.03.2023.
For Order
This text represents the header/caption of an appeal filed by Mr. Swagat Maity against Mahaluxmi Infrahome Private Ltd before the U.P. Real Estate Appellate Tribunal; no substantive ruling or directive is contained in this excerpt.
Hearing
The Tribunal allowed the respondent's application to recall the order closing their opportunity to file objections, subject to a cost of Rs. 5,000/-, and directed both parties to upload their pleadings to the portal within one week.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and scheduled the matter for 11.10.2022 to consider a recall application.
Hearing
The proceedings are adjourned because the respondent's counsel is unavailable; the matter is rescheduled for orders on 12.09.2022.
Hearing
The Tribunal granted the appellant one week to file an objection/reply to the application for recall of the order dated 16.05.2022 and scheduled the matter for hearing on 18.08.2022.
Delay condonation
The Tribunal allowed the respondent's vakalatnama, directed the conversion of the defective appeal into a Regular Appeal, and scheduled the matter for hearing on 10.08.2022.
Delay condonation
The Tribunal adjourned the proceedings to 20.07.2022 to allow the respondent to file an application for recalling the ex-parte order.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections due to non-compliance with previous orders and directed that the matter proceed ex-parte against the respondent.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections regarding the condonation of delay and grounds of appeal, warning that the matter may proceed ex parte if they fail to comply.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, with the matter scheduled for hearing on April 25, 2022.
Notice
The Tribunal granted the applicant's request to issue fresh notice to the respondent and outlined specific procedural requirements for service via speed post and email.
Defect Removal
The Tribunal directed the appellant to rectify defects no. 4 and 6 and ordered notice to be issued to the respondent via registered post and email.
Tribunal Order #0901126059042021-31-05-2023
The Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism for adjudicating commercial arrangements such as assured returns or Pre-EMI subvention schemes, which are considered independent commercial agreements between parties.
Tribunal Order #0901126059042021-20-07-2022
The Tribunal allowed the respondent's vakalatnama, directed the conversion of the defective appeal into a Regular Appeal, and scheduled the matter for hearing on 10.08.2022.
Tribunal Order #0901126059042021-16-05-2022
The Tribunal closed the respondent's opportunity to file objections due to non-compliance with previous orders and directed that the matter proceed ex-parte against the respondent.
Tribunal Order #0901126059042021-11-10-2022
The Tribunal allowed the respondent's application to recall the order closing their opportunity to file objections, subject to a cost of Rs. 5,000/-, and directed both parties to upload their pleadings to the portal within one week.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism for adjudicating commercial arrangements such as assured returns or Pre-EMI subvention schemes, which are considered independent commercial agreements between parties. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism for adjudicating commercial arrangements such as assured returns or Pre-EMI subvention schemes, which are considered independent commercial agreements between parties.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Govind Krishna Srivastava
- Tarun Arora
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism for adjudicating commercial arrangements such as assured returns or Pre-EMI subvention schemes, which are considered independent commercial agreements between parties.
The Tribunal allowed the respondent's vakalatnama, directed the conversion of the defective appeal into a Regular Appeal, and scheduled the matter for hearing on 10.08.2022.
The Tribunal closed the respondent's opportunity to file objections due to non-compliance with previous orders and directed that the matter proceed ex-parte against the respondent.
The Tribunal allowed the respondent's application to recall the order closing their opportunity to file objections, subject to a cost of Rs. 5,000/-, and directed both parties to upload their pleadings to the portal within one week.
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