Appellant / Complainant
M I Builders Private Limited
Respondent
Rohit Kumar Mishra
m i builders private limited
₹72,06,998
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 0901126009222023 by M I Builders Private Limited against Rohit Kumar Mishra before up_rera.
for delivery of Judgment/Order
The Tribunal allowed the appeal and set aside the Real Estate Regulatory Authority's order, ruling that the project was not an 'ongoing project' under RERA because its completion certificate was issued prior to the Act's enforcement.
Final Hearing
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for further pronouncement.
Final Hearing
Upon the joint request of the counsel for both parties, the tribunal has adjourned the appeal to 02.07.2025 for a final hearing.
Final Hearing
The Tribunal directed the respondent's counsel to upload a previously prepared affidavit within three days and scheduled the appeal for final hearing on 23.05.2025.
Hearing
The Tribunal granted the respondent time to file an affidavit in support of their objection and directed the appellant to rectify a defect regarding a missing photograph on their affidavit. The matter is adjourned to 08.05.2025.
Hearing
The Tribunal granted the appellant one week to file a supplementary rejoinder following the respondent's filing of supplementary objections and scheduled the next hearing for April 24, 2025.
Hearing
The Tribunal granted the respondent 10 days to file objections and directed the appellant to file a rejoinder within one week thereafter, scheduling the next hearing for April 9, 2025.
For Order
The appeal has been adjourned at the request of the respondent's counsel and is scheduled to be listed on 10.03.2025.
For Order
The Tribunal allowed the appellant's application for condonation of delay, finding sufficient cause due to previous litigation in the High Court and regulatory recall applications, and directed the registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order on the matter.
Delay condonation
The Tribunal allowed the respondent's counsel to withdraw his vakalatnama and directed the respondent to either appear personally or appoint new legal representation at the next hearing on 27.09.2024.
Delay condonation
The court noted that the respondent's counsel withdrew their Vakalatnama to allow the respondent to argue in person, and the matter is scheduled for hearing on 02.09.2024.
Delay condonation
The Tribunal granted a final opportunity to the appellant to argue the appeal due to the respondent's absence and rescheduled the hearing for August 30, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to a bereavement in the family and rescheduled the hearing for July 29, 2024.
Delay condonation
The Tribunal noted the correction of the appellant's name per High Court orders and adjourned the matter to 29.04.2024, directing parties to exchange pleadings in the interim.
Hearing
The Tribunal granted the appellant a one-week extension to file a certified copy of the High Court's order regarding a correction in the array of parties and adjourned the matter to 03.04.2024.
Hearing
The Tribunal granted the appellant a two-week extension to comply with a previous order by filing a corrected copy of a High Court order that contained a discrepancy in the party name.
Hearing
The Tribunal granted the appellant 10 days to comply with previous directions regarding filing the correct order copy and pressing applications for condonation of delay and grounds of appeal, with the matter listed for hearing on 22.02.2024.
Hearing
The Tribunal granted the appellant one week to file a correct copy of the High Court order regarding their Writ Petition and directed the matter to be listed for hearing on 07.02.2024.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on 27.10.2023 regarding the application for condonation of delay.
Compliance of section 43(5)
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and scheduled the matter to be heard alongside a cross-appeal on 27.07.2023.
Compliance of section 43(5)
The Tribunal verified the appellant's compliance with Section 43(5) of the Act regarding the mandatory deposit of Rs. 13,68,339/- and issued notice to the respondent for a hearing on the application for condonation of delay scheduled for 06.07.2023.
Delay condonation
The Tribunal directed the appellant to comply with Section 43(5) of the Act regarding the impugned order of the Regulatory Authority before the next hearing date.
Tribunal Order #0901126009222023-26-04-2023
The Tribunal verified the appellant's compliance with Section 43(5) of the Act regarding the mandatory deposit of Rs. 13,68,339/- and issued notice to the respondent for a hearing on the application for condonation of delay scheduled for 06.07.2023.
Tribunal Order #0901126009222023-26-09-2025
The Tribunal allowed the appeal and set aside the Real Estate Regulatory Authority's order, ruling that the project was not an 'ongoing project' under RERA because its completion certificate was issued prior to the Act's enforcement.
Tribunal Order #0901126009222023-21-01-2025
The Tribunal allowed the appellant's application for condonation of delay, finding sufficient cause due to previous litigation in the High Court and regulatory recall applications, and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126009222023-17-04-2023
The Tribunal directed the appellant to comply with Section 43(5) of the Act regarding the impugned order of the Regulatory Authority before the next hearing date.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appeal and set aside the Real Estate Regulatory Authority's order, ruling that the project was not an 'ongoing project' under RERA because its completion certificate was issued prior to the Act's enforcement. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appeal and set aside the Real Estate Regulatory Authority's order, ruling that the project was not an 'ongoing project' under RERA because its completion certificate was issued prior to the Act's enforcement.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the assured date of possession till the actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Paavan Awasthi
Respondent Advocate(s)
- N A
Official RERA Tribunal Orders (4)
The Tribunal verified the appellant's compliance with Section 43(5) of the Act regarding the mandatory deposit of Rs. 13,68,339/- and issued notice to the respondent for a hearing on the application for condonation of delay scheduled for 06.07.2023.
The Tribunal allowed the appeal and set aside the Real Estate Regulatory Authority's order, ruling that the project was not an 'ongoing project' under RERA because its completion certificate was issued prior to the Act's enforcement.
The Tribunal allowed the appellant's application for condonation of delay, finding sufficient cause due to previous litigation in the High Court and regulatory recall applications, and directed the registry to convert the defective appeal into a regular appeal.
The Tribunal directed the appellant to comply with Section 43(5) of the Act regarding the impugned order of the Regulatory Authority before the next hearing date.
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