Appellant / Complainant
Chail Bihari Saxena
Respondent
Aftek Developers Private Limited, U.P. Real Estate Regulatory Authority, Mohd. Arif Farooquia
aftek developers private limited
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 0901126005772022 by Chail Bihari Saxena against Aftek Developers Private Limited, U.P. Real Estate Regulatory Authority, Mohd. Arif Farooquia before up_rera.
Hearing
The Tribunal set aside the rejection of execution proceedings, ruling that a legal offer of possession cannot be made without an Occupancy Certificate (OC/CC) and remanded the matter back to the Regulatory Authority for fresh processing.
Hearing
Upon the joint request of the counsels for both parties, the Tribunal has adjourned the appeal and scheduled it for a hearing on 02.04.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for March 5, 2024.
Hearing
The Tribunal directed the appellant to rectify procedural defects by serially numbering annexures with descriptions and filing a fresh folder of documents due to repeated uploads of a single document. The matter is listed for hearing on 07.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a High Court engagement and scheduled the next hearing for 06.09.2023, noting that no further adjournments will be permitted.
Hearing
The Tribunal scheduled the appeal for a hearing on 18.08.2023 and directed that no further adjournments will be granted, noting that the case may be decided based on available records if parties fail to appear.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a bereavement in the family and rescheduled the matter for hearing on 09.05.2023.
Exchange of pleadings
The Tribunal noted that pleadings have been exchanged and the case is ripe for hearing, subsequently scheduling the matter for orders/hearing on 28.03.2023.
Exchange of pleadings
The U.P. Real Estate Appellate Tribunal has adjourned Appeal-112/2022 and scheduled the matter for a further order on January 17, 2023.
Exchange of pleadings
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the case for hearing on 14.10.2022.
Exchange of pleadings
This is a procedural entry recording that the case was called for hearing on August 11, 2022, with counsel present.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply against the grounds of appeal and directed them to serve a copy to the appellant via email. The case is scheduled for hearing on 11.08.2022.
Hearing
The Tribunal directed the respondent to file a reply to the memo of appeal within 20 days and allowed the appellant the opportunity to file a replication thereafter.
Hearing on Appeal
The Tribunal noted the respondent's appearance and counsel's intent to file a reply to the grounds of appeal, adjourning the matter to 26.04.2022.
Hearing on Appeal
The Tribunal issued a notice to the respondent and directed the appellant to serve the notice and appeal documents via speed-post and email, with the matter listed for 15.03.2022.
Tribunal Order #0901126005772022-02-04-2024
The Tribunal set aside the rejection of execution proceedings, ruling that a legal offer of possession cannot be made without an Occupancy Certificate (OC/CC) and remanded the matter back to the Regulatory Authority for fresh processing.
Tribunal Order #0901126005772022-18-01-2024
The Tribunal directed the appellant to rectify procedural defects by serially numbering annexures with descriptions and filing a fresh folder of documents due to repeated uploads of a single document. The matter is listed for hearing on 07.02.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the rejection of execution proceedings, ruling that a legal offer of possession cannot be made without an Occupancy Certificate (OC/CC) and remanded the matter back to the Regulatory Authority for fresh processing. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the rejection of execution proceedings, ruling that a legal offer of possession cannot be made without an Occupancy Certificate (OC/CC) and remanded the matter back to the Regulatory Authority for fresh processing.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.11.2016 till actual physical possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Respondent Advocate(s)
- Anurag Singh
Official RERA Tribunal Orders (2)
The Tribunal set aside the rejection of execution proceedings, ruling that a legal offer of possession cannot be made without an Occupancy Certificate (OC/CC) and remanded the matter back to the Regulatory Authority for fresh processing.
The Tribunal directed the appellant to rectify procedural defects by serially numbering annexures with descriptions and filing a fresh folder of documents due to repeated uploads of a single document. The matter is listed for hearing on 07.02.2024.
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