Appellant / Complainant
Madhukar Dembala
Respondent
Samiah International Builders Pvt Ltd
samiah international builders pvt. ltd.
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 0901126001402019 by Madhukar Dembala against Samiah International Builders Pvt Ltd before up_rera.
Final Hearing
The Appellate Tribunal set aside the Regulatory Authority's order that had rejected the appellant's complaint solely due to a pending civil suit, remanding the matter back to the Regulatory Authority for a fresh decision on its merits.
Final Hearing
The Tribunal noted the absence of the respondent's counsel and scheduled the appeal for orders/hearing on November 5, 2024.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for orders on 04.10.2024.
Final Hearing
The Tribunal granted the respondent one week to upload the flat cancellation letter and provide a copy to the appellant's counsel, with the matter listed for hearing on 02.08.2024.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a scheduling conflict and rescheduled the hearing for 18.07.2024.
Final Hearing
The Tribunal noted the appellant's intent to file a reply to supplementary objections and adjourned the matter for hearing/orders on 21.05.2024.
Final Hearing
The Tribunal noted that pleadings have been exchanged but the appellant has yet to reply to the respondent's supplementary affidavit; consequently, the matter is scheduled for hearing on 25.04.2024.
Final Hearing
The Tribunal granted the appellant 10 days to file a response to the respondent's supplementary affidavit and scheduled the next hearing for March 20, 2024.
Final Hearing
The Tribunal granted a one-week extension to the appellant for filing a supplementary affidavit and adjourned the matter to 06.03.2024 following an adjournment request by the respondent's counsel.
Final Hearing
The Tribunal granted a request by the appellant's counsel to list the appeal for hearing on 08.11.2023.
Final Hearing
The Tribunal directed the counsels for both parties to comply with the previous order dated 25.04.2023 within one week and scheduled the appeal for a hearing on 25.09.2023.
Final Hearing
The Tribunal directed both parties to file supplementary affidavits within 10 days to establish a chronological record of unit bookings, payments made and received, and the circumstances surrounding the cancellation of units by the respondent.
Final Hearing
The Tribunal adjourned the proceedings for the day and scheduled the appeal for a hearing on April 25, 2023, noting that pleadings have been exchanged.
Final Hearing
The Tribunal adjourned the proceedings due to the unavailability of the respondent's counsel, who was engaged at the High Court, and directed both parties to ensure presence on the next fixed date.
Final Hearing
The Tribunal noted the absence of the appellant's counsel and scheduled the case for orders/hearing on 28.03.2023.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence and rescheduled the hearing for January 23, 2023.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to the unavailability of the lead advocate and rescheduled the hearing for 09.01.2023, with a strict directive that no further adjournments will be permitted.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on January 3, 2023.
Final Hearing
Upon a joint request from the counsel for both parties, the tribunal has adjourned the appeal and scheduled it for hearing on 02.12.2022.
Hearing
The Tribunal adjourned the appeal to 04.11.2022 because the appellant's counsel was unable to attend due to personal reasons.
Hearing
The Tribunal granted a joint request from both counsels to adjourn the appeal, rescheduling the hearing for 30.09.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for September 1, 2022.
Hearing
The Tribunal noted the non-appearance of both parties and recorded that the appellant's opportunity to file a replication has been closed; the matter is adjourned to 03.08.2022 for hearing.
Hearing
The Tribunal closed the appellant's opportunity to file a replication due to non-appearance and scheduled the case for hearing on 30.05.2022.
Hearing
The Tribunal adjourned the appeal and granted the appellant a final opportunity to file a replication/rejoinder to the respondent's reply before the next hearing date on 22.04.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulties and rescheduled the appeal for hearing on 21.01.2022.
Hearing
The Tribunal has granted a request by the appellant's counsel to list the appeal for hearing on 04.01.2022.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the final hearing for December 9, 2021.
Hearing
The case was dismissed due to the non-appearance of the parties and the counsel's request to withdraw his Vakalatnama.
Hearing on Appeal
The Tribunal granted an adjournment requested by the appellant due to the absence of their counsel and rescheduled the hearing for 06.10.2021.
Tribunal Order #0901126001402019-05-11-2024
The Appellate Tribunal set aside the Regulatory Authority's order that had rejected the appellant's complaint solely due to a pending civil suit, remanding the matter back to the Regulatory Authority for a fresh decision on its merits.
Tribunal Order #0901126001402019-25-04-2023
The Tribunal directed both parties to file supplementary affidavits within 10 days to establish a chronological record of unit bookings, payments made and received, and the circumstances surrounding the cancellation of units by the respondent.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order that had rejected the appellant's complaint solely due to a pending civil suit, remanding the matter back to the Regulatory Authority for a fresh decision on its merits. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order that had rejected the appellant's complaint solely due to a pending civil suit, remanding the matter back to the Regulatory Authority for a fresh decision on its merits.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
Respondent Advocate(s)
- Saurabh Mishra
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Regulatory Authority's order that had rejected the appellant's complaint solely due to a pending civil suit, remanding the matter back to the Regulatory Authority for a fresh decision on its merits.
The Tribunal directed both parties to file supplementary affidavits within 10 days to establish a chronological record of unit bookings, payments made and received, and the circumstances surrounding the cancellation of units by the respondent.
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