Appellant / Complainant
Neeraj Kumar Srivastava
Respondent
Intellect Projects Pvt. Ltd.
intellect projects pvt. ltd.
₹27,08,594
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 0901126003662019 by Neeraj Kumar Srivastava against Intellect Projects Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order because it had misunderstood the appellants' prayer for cancellation and refund as a request for possession. The matter is remanded back to the Regulatory Authority to decide the complaint afresh based on the original prayer.
Final Hearing
The Tribunal heard arguments from both the appellant and respondent, after which the judgment was reserved.
Final Hearing
The Tribunal adjourned the proceedings due to the health issues of the appellant's counsel and directed compliance with a previous order dated 17.11.2022 before the next hearing on 09.12.2022.
Final Hearing
The Tribunal adjourned the matter and scheduled it for a subsequent hearing on 24.11.2022.
Hearing
The Tribunal directed the appellant to file the bank loan agreement by 18.11.2022 to clarify the loan disbursement schedule before the final hearing scheduled for 19.11.2022.
Hearing
The Tribunal noted that the matter was wrongly listed for today's date and ordered it to be relisted on 17.11.2022 as previously directed.
Hearing
The Tribunal noted that pleadings have been exchanged and, following a request for adjournment by the respondent's counsel, scheduled the appeal for hearing on 17.11.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a bereavement in the family and rescheduled the hearing for 12.10.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal due to the transition of authority between tribunals and directed the Registry to convert the miscellaneous case into a regular appeal.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and provided a final one-week extension for the applicant to file a reply to the respondent's objections.
Hearing
The Tribunal granted an adjournment requested by the appellant and directed the appellant to file a replication of the respondent's reply before the next hearing date on 03.08.2022.
Hearing
The Tribunal adjourned the case to 27.05.2022 due to the non-appearance of the respondent's counsel and directed that future adjournment requests must be submitted via formal application.
Hearing
The Tribunal granted an adjournment request submitted by the respondent's counsel and rescheduled the hearing for April 22, 2022.
Hearing
The Tribunal granted an adjournment due to the counsel's illness and provided a final 10-day extension for the applicant to file a reply to the respondent's objections.
Delay condonation
The Tribunal granted the appellant a two-week extension to file a reply to the respondent's objections and scheduled the case for hearing on 06.01.2022 regarding the application for condonation of delay.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed the respondent to file objections to the application for condonation of delay and grounds of appeal within 10 days.
to file objections and its reply
The Tribunal granted an adjournment due to the respondent's counsel's illness and directed both parties to exchange objections and replies regarding the condonation of delay application within specified timelines.
For Order
The case was adjourned due to the absence of the appellant's counsel, with the matter rescheduled for hearing on 01.10.2021.
For Order
The Tribunal granted the respondent one week to file objections to the grounds of appeal and directed the parties to exchange copies via email and upload documents to the e-portal before the next hearing on 01.04.2021.
For Order
The Tribunal granted the respondent a final 10-day extension to file objections to the condonation of delay application and grounds of appeal, with instructions for electronic service and subsequent filing requirements.
Tribunal Order #0901126003662019-30-05-2023
The Appellate Tribunal set aside the Regulatory Authority's order because it had misunderstood the appellants' prayer for cancellation and refund as a request for possession. The matter is remanded back to the Regulatory Authority to decide the complaint afresh based on the original prayer.
Tribunal Order #0901126003662019-26-08-2022
The Tribunal condoned the delay in filing the appeal due to the transition of authority between tribunals and directed the Registry to convert the miscellaneous case into a regular appeal.
Tribunal Order #0901126003662019-17-11-2022
The Tribunal directed the appellant to file the bank loan agreement by 18.11.2022 to clarify the loan disbursement schedule before the final hearing scheduled for 19.11.2022.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order because it had misunderstood the appellants' prayer for cancellation and refund as a request for possession. The matter is remanded back to the Regulatory Authority to decide the complaint afresh based on the original prayer. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order because it had misunderstood the appellants' prayer for cancellation and refund as a request for possession. The matter is remanded back to the Regulatory Authority to decide the complaint afresh based on the original prayer.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of possession mentioned in Agreement to Sale till actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajnish Kumar Srivastava
Respondent Advocate(s)
- Rajesh Chadha
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Regulatory Authority's order because it had misunderstood the appellants' prayer for cancellation and refund as a request for possession. The matter is remanded back to the Regulatory Authority to decide the complaint afresh based on the original prayer.
The Tribunal condoned the delay in filing the appeal due to the transition of authority between tribunals and directed the Registry to convert the miscellaneous case into a regular appeal.
The Tribunal directed the appellant to file the bank loan agreement by 18.11.2022 to clarify the loan disbursement schedule before the final hearing scheduled for 19.11.2022.
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