Appellant / Complainant
Ashoka Sharma
Respondent
Tyagi Construction Company & others
tyagi construction company
₹4,00,000
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 0901126008102020 by Ashoka Sharma against Tyagi Construction Company & others before up_rera.
to file objections and its reply
The Tribunal dismissed the appeals, ruling that because more than 90% of the units had been handed over via conveyance deeds prior to the enforcement of the Act, the project was not required to be registered with UPRERA and thus the complaints were not maintainable.
to file objections and its reply
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for April 12, 2022.
Further Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for March 22, 2022.
Further Order
The Tribunal noted the lack of possibility for settlement between the parties and granted the appellant permission to file a replication/rejoinder against the respondent's reply, adjourning the matter to 21.01.2022.
Further Order
The Tribunal directed the respondent to provide copies of their reply to the appellant within 10 days and ordered the respondent's partner and the appellant to appear in person at the next hearing.
Further Order
The Tribunal granted an adjournment requested by the respondent and directed the applicant and the respondent's partner to appear in person on the next date to attempt an amicable settlement.
Hearing
The Tribunal directed the parties to attempt an out-of-court settlement regarding disputed payments and scheduled the matter for further orders on 28.10.2021.
Hearing
The Tribunal noted an allegation of forgery regarding a compromise application submitted by the parties and has scheduled the matter for 29.09.2021 to address the dispute.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel due to her being out of station and rescheduled the matter for April 8, 2021.
Further Hearing
The court noted the respondent's claim of a settlement between the parties and adjourned the matter to 12.03.2021 for further hearing.
Tribunal Order #0901126008102020-12-04-2022
The Tribunal dismissed the appeals, ruling that because more than 90% of the units had been handed over via conveyance deeds prior to the enforcement of the Act, the project was not required to be registered with UPRERA and thus the complaints were not maintainable.
Tribunal Order #0901126008102020-09-09-2021
The Tribunal noted an allegation of forgery regarding a compromise application submitted by the parties and has scheduled the matter for 29.09.2021 to address the dispute.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeals, ruling that because more than 90% of the units had been handed over via conveyance deeds prior to the enforcement of the Act, the project was not required to be registered with UPRERA and thus the complaints were not maintainable. Awarded in favor of Respondent. Awarded interest rate: 18% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeals, ruling that because more than 90% of the units had been handed over via conveyance deeds prior to the enforcement of the Act, the project was not required to be registered with UPRERA and thus the complaints were not maintainable.
Ruling Awarded To
Respondent
Awarded Interest Rate
18% p.a.
Interest Period
from the first date of deposit till the date of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Fuhar Gupta
- Prashant Kumar Singh
Respondent Advocate(s)
- Sanjay Kumar Srivastava
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeals, ruling that because more than 90% of the units had been handed over via conveyance deeds prior to the enforcement of the Act, the project was not required to be registered with UPRERA and thus the complaints were not maintainable.
The Tribunal noted an allegation of forgery regarding a compromise application submitted by the parties and has scheduled the matter for 29.09.2021 to address the dispute.
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