Appellant / Complainant
Anita Singh
Respondent
Alpine Infraprojects Pvt Ltd, Uttar Pradesh Real Estate Regulatory Authority
alpine infraprojects pvt ltd
₹39,62,700
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 0901126072202022 by Anita Singh against Alpine Infraprojects Pvt Ltd, Uttar Pradesh Real Estate Regulatory Authority before up_rera.
Hearing
The Tribunal set aside the RERA Authority's order and the promoter's cancellation of the unit, ruling that the cancellation was unjustified due to the promoter's failure to obtain an Occupancy Certificate/Completion Certificate before demanding final payment. The Tribunal ordered the restoration of the unit to the appellant, directed the RERA Authority to impose penalties on the promoter for statutory violations, and awarded litigation costs.
Hearing
The Tribunal granted a request from the respondent's counsel to reschedule the hearing of Appeal-3/2023 to 27.01.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal identified a procedural irregularity where the written statement was not reflected in the previous order or on the RERA portal, and directed the Registry to return the records.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 14.11.2024.
Hearing
The Tribunal directed the office to issue a reminder to RERA regarding a pending report on the uploading of a written statement and rescheduled the matter for hearing on 21.10.2024.
Hearing
The Tribunal has directed RERA to submit a report clarifying whether the respondent's written statement was uploaded to the portal and, if not, how it was received by the Authority.
For Order
The Tribunal directed the Registrar to request the Secretary of RERA to submit the complete record of complaint No. NCR144/01/88190/2022 within one week, following the respondent's inability to produce postal records.
For Order
The Tribunal directed the respondent to produce evidence of unit cancellation notice (despatch register and postal receipts) and ordered the summoning of the complete record from RERA regarding the underlying complaint.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for May 24, 2024.
For Order
The Tribunal has adjourned the appeal to 08.05.2024 following a joint request from the counsels for both parties.
For Order
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for April 5, 2024.
For Order
The Tribunal noted the appellant's request to file objections to additional documents submitted by the respondent and adjourned the appeal for hearing to 01.03.2024.
For Order
The Tribunal restrained the respondent from creating any third-party rights or executing sale deeds for the units in question and granted three days for the respondent to file proof of cancellation communication and objections.
For Order
The Tribunal adjourned the proceedings to 17.10.2023 due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh.
For Order
The Tribunal has scheduled the appeal for a hearing on 11.09.2023.
For Order
The Tribunal granted the respondent one week to seek instructions and place on record the unit cancellation order and proof of communication to the appellant, with the matter listed for orders on 18.08.2023.
For Order
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for July 3, 2023.
For Order
The Tribunal noted the respondent's filing of a reply to the grounds of appeal and granted the appellant one week to serve their response, adjourning the matter to 24.04.2023.
For Order
The Tribunal ruled that service of notice to the respondent was sufficient and granted the respondent 10 days to file objections, warning that failure to appear or file will result in ex parte proceedings.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural requirements for service of appeal documents and the subsequent filing of objections and replies.
Tribunal Order #0901126072202022-27-01-2025
The Tribunal set aside the RERA Authority's order and the promoter's cancellation of the unit, ruling that the cancellation was unjustified due to the promoter's failure to obtain an Occupancy Certificate/Completion Certificate before demanding final payment. The Tribunal ordered the restoration of the unit to the appellant, directed the RERA Authority to impose penalties on the promoter for statutory violations, and awarded litigation costs.
Tribunal Order #0901126072202022-09-07-2024
The Tribunal directed the Registrar to request the Secretary of RERA to submit the complete record of complaint No. NCR144/01/88190/2022 within one week, following the respondent's inability to produce postal records.
Tribunal Order #0901126072202022-19-01-2024
The Tribunal restrained the respondent from creating any third-party rights or executing sale deeds for the units in question and granted three days for the respondent to file proof of cancellation communication and objections.
Tribunal Order #0901126072202022-06-02-2023
The Tribunal ruled that service of notice to the respondent was sufficient and granted the respondent 10 days to file objections, warning that failure to appear or file will result in ex parte proceedings.
Tribunal Order #0901126072202022-14-11-2024
The Tribunal identified a procedural irregularity where the written statement was not reflected in the previous order or on the RERA portal, and directed the Registry to return the records.
Tribunal Order #0901126072202022-05-08-2024
The Tribunal has directed RERA to submit a report clarifying whether the respondent's written statement was uploaded to the portal and, if not, how it was received by the Authority.
Tribunal Order #0901126072202022-24-05-2024
The Tribunal directed the respondent to produce evidence of unit cancellation notice (despatch register and postal receipts) and ordered the summoning of the complete record from RERA regarding the underlying complaint.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order and the promoter's cancellation of the unit, ruling that the cancellation was unjustified due to the promoter's failure to obtain an Occupancy Certificate/Completion Certificate before demanding final payment. The Tribunal ordered the restoration of the unit to the appellant, directed the RERA Authority to impose penalties on the promoter for statutory violations, and awarded litigation costs. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order and the promoter's cancellation of the unit, ruling that the cancellation was unjustified due to the promoter's failure to obtain an Occupancy Certificate/Completion Certificate before demanding final payment. The Tribunal ordered the restoration of the unit to the appellant, directed the RERA Authority to impose penalties on the promoter for statutory violations, and awarded litigation costs.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Gautam Johri
- Achintya Kumar Ojha
Respondent Advocate(s)
- Himanshu Hemant Gupta
Official RERA Tribunal Orders (7)
The Tribunal set aside the RERA Authority's order and the promoter's cancellation of the unit, ruling that the cancellation was unjustified due to the promoter's failure to obtain an Occupancy Certificate/Completion Certificate before demanding final payment. The Tribunal ordered the restoration of the unit to the appellant, directed the RERA Authority to impose penalties on the promoter for statutory violations, and awarded litigation costs.
The Tribunal directed the Registrar to request the Secretary of RERA to submit the complete record of complaint No. NCR144/01/88190/2022 within one week, following the respondent's inability to produce postal records.
The Tribunal restrained the respondent from creating any third-party rights or executing sale deeds for the units in question and granted three days for the respondent to file proof of cancellation communication and objections.
The Tribunal ruled that service of notice to the respondent was sufficient and granted the respondent 10 days to file objections, warning that failure to appear or file will result in ex parte proceedings.
The Tribunal identified a procedural irregularity where the written statement was not reflected in the previous order or on the RERA portal, and directed the Registry to return the records.
The Tribunal has directed RERA to submit a report clarifying whether the respondent's written statement was uploaded to the portal and, if not, how it was received by the Authority.
The Tribunal directed the respondent to produce evidence of unit cancellation notice (despatch register and postal receipts) and ordered the summoning of the complete record from RERA regarding the underlying complaint.
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