Appellant / Complainant
Dinesh Awasthi
Respondent
Alpine Infraprojects Pvt Ltd
alpine infraprojects pvt ltd
₹3,69,759
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 0901126073032022 by Dinesh Awasthi against Alpine Infraprojects Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism to adjudicate commercial arrangements such as the payment of pre-EMI interest by a promoter, which is considered an independent commercial agreement between parties.
Hearing
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning GST payments, possession delivery, and pre-EMI claims, after which the judgment was reserved.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a family function and rescheduled the hearing for March 1, 2024.
Hearing
The Tribunal rejected the appellant's application to recall an order dated 03.07.2023 due to delays and lack of cooperation, and imposed a cost of Rs. 1/- on the appellant's counsel for appearing without preparation.
Hearing
The Tribunal adjourned the proceedings due to a strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.
Hearing
The Tribunal directed that the appeal be listed for hearing on 11.09.2023, referring to a previous order passed in Appeal No 8/2023.
Hearing
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to failure to comply with previous timelines and granted an adjournment based on the counsel's health grounds.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for July 3, 2023.
Hearing
The Tribunal has scheduled the case for a hearing/orders on 24.04.2023 and directed reference to a previous order passed in Appeal No. 11/2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the matter to be listed for hearing on 16.03.2023.
Admission
The Tribunal granted the respondent 10 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 13.02.2023.
Tribunal Order #0901126073032022-07-05-2024
The Appellate Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism to adjudicate commercial arrangements such as the payment of pre-EMI interest by a promoter, which is considered an independent commercial agreement between parties.
Tribunal Order #0901126073032022-01-03-2024
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning GST payments, possession delivery, and pre-EMI claims, after which the judgment was reserved.
Tribunal Order #0901126073032022-19-01-2024
The Tribunal rejected the appellant's application to recall an order dated 03.07.2023 due to delays and lack of cooperation, and imposed a cost of Rs. 1/- on the appellant's counsel for appearing without preparation.
Tribunal Order #0901126073032022-03-07-2023
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to failure to comply with previous timelines and granted an adjournment based on the counsel's health grounds.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism to adjudicate commercial arrangements such as the payment of pre-EMI interest by a promoter, which is considered an independent commercial agreement between parties. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism to adjudicate commercial arrangements such as the payment of pre-EMI interest by a promoter, which is considered an independent commercial agreement between parties.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Misra
Respondent Advocate(s)
- Himanshu Hemant Gupta
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the appeal, ruling that the RERA Act 2016 does not provide a mechanism to adjudicate commercial arrangements such as the payment of pre-EMI interest by a promoter, which is considered an independent commercial agreement between parties.
The Tribunal heard arguments regarding an appeal against a Regulatory Authority order concerning GST payments, possession delivery, and pre-EMI claims, after which the judgment was reserved.
The Tribunal rejected the appellant's application to recall an order dated 03.07.2023 due to delays and lack of cooperation, and imposed a cost of Rs. 1/- on the appellant's counsel for appearing without preparation.
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to failure to comply with previous timelines and granted an adjournment based on the counsel's health grounds.
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