Appellant / Complainant
Nihalsons Real Estate Developers
Respondent
Wave Megacity Centre Pvt. Ltd.
nihalsons real estate developers
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 0901126062502021 by Nihalsons Real Estate Developers against Wave Megacity Centre Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order directing a refund, ruling that an executing authority cannot go beyond the original decree and must instead ensure compliance with the original order for possession.
For Order
The Tribunal granted the appellant one week's time to file a reply to the objections raised by respondent No. 2 and scheduled the next hearing for July 31, 2023.
For Order
The Tribunal granted the respondent a final one-week extension to file an improved affidavit/objections, noting that failure to comply may result in heavy costs.
For Order
The Tribunal adjourned the proceedings because the appellant's counsel was unprepared to argue the matter and rescheduled the hearing for July 6, 2023.
For Order
The Tribunal granted the respondent 10 days to file an improved affidavit/objections and scheduled the appeal for a hearing on 08.05.2023.
Hearing
The Tribunal granted respondent no. 2 one week to file objections/affidavits regarding the appellant's challenge against a previous refund order and scheduled the matter for hearing on 27.03.2023.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for hearing on 23.02.2023.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on January 13, 2023.
Delay condonation
The Tribunal noted a clerical error regarding the uploading of objections on the e-portal and granted the appellant two weeks to file replies to the objections of respondents no. 1 and 2.
For Order
The Tribunal granted Respondent No. 2 (U.P. RERA) ten days to file objections to the appeal and directed the parties to exchange replies and upload documents to the e-portal before the next hearing on 24.11.2022.
For Order
The Tribunal noted that UP RERA was duly served with notice but remained unrepresented; consequently, the court granted the respondents an additional 10 days to file objections and scheduled the matter for further orders on 19.10.2022.
Further Order
The Tribunal issued notice to the respondent regarding an appeal challenging a RERA execution order that converted a possession directive into a refund order, and directed the appellant to implead UP RERA as a respondent.
Further Order
The Tribunal granted the respondent a final 10-day extension to file objections to the appeal and directed the parties to exchange soft copies of their respective filings before the next hearing on 23.08.2022.
Further Order
The Tribunal condoned a 59-day delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the respondent to file a reply within two weeks.
Further Order
The Tribunal adjourned the case due to the absence of both parties and scheduled it for a hearing on 11.05.2022.
Further Order
The Tribunal adjourned the matter due to non-appearance of parties and scheduled the defective appeal for further orders on 07.04.2022.
Defect Removal
The Tribunal noted the removal of registry defects and directed the issuance of notice to the respondent, with instructions for the appellant to serve the respondent via speed post.
Tribunal Order #0901126062502021-31-07-2023
The Tribunal set aside the Regulatory Authority's order directing a refund, ruling that an executing authority cannot go beyond the original decree and must instead ensure compliance with the original order for possession.
Tribunal Order #0901126062502021-23-08-2022
The Tribunal issued notice to the respondent regarding an appeal challenging a RERA execution order that converted a possession directive into a refund order, and directed the appellant to implead UP RERA as a respondent.
Tribunal Order #0901126062502021-11-05-2022
The Tribunal condoned a 59-day delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the respondent to file a reply within two weeks.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order directing a refund, ruling that an executing authority cannot go beyond the original decree and must instead ensure compliance with the original order for possession. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order directing a refund, ruling that an executing authority cannot go beyond the original decree and must instead ensure compliance with the original order for possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.05.2016 till receipt of the OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Aahuti Agarwal
- Himanshu Bora
Respondent Advocate(s)
- Amit Yadav
- Bal Kishor Verma
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order directing a refund, ruling that an executing authority cannot go beyond the original decree and must instead ensure compliance with the original order for possession.
The Tribunal issued notice to the respondent regarding an appeal challenging a RERA execution order that converted a possession directive into a refund order, and directed the appellant to implead UP RERA as a respondent.
The Tribunal condoned a 59-day delay in filing the appeal due to the COVID-19 pandemic relaxation and directed the respondent to file a reply within two weeks.
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