Appellant / Complainant
Adesh Tomar
Respondent
Sangwan Hieghts Pvt. Ltd.
sangwan hieghts pvt. ltd.
₹2,97,875
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 0901126010332020 by Adesh Tomar against Sangwan Hieghts Pvt. Ltd. before up_rera.
Hearing
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 (prior to the enactment of the RERA Act), the appellant cannot claim interest under the RERA Act but retains liberty to seek damages for breach of contract in an appropriate forum.
Hearing
The tribunal granted an adjournment requested by the appellant's counsel and scheduled the next hearing for November 27, 2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the appellant seven days to file documents regarding the existence of the project and directed the matter to be listed for hearing on 22.10.2024.
Hearing
The Tribunal adjourned the appeal to 12.09.2024 because the counsel for the respondent was unavailable.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing of Appeal-394/2020 to 12.07.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for May 21, 2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on April 26, 2024, due to lack of time during the current session.
Hearing
The Tribunal directed the respondent to clarify its position regarding objections and project status after the respondent argued that the appellant's claim pertains to an abandoned, unregistered project (Hindon Valley) unrelated to the current respondent.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel due to a family function and rescheduled the hearing for 15.03.2024.
Hearing
The Tribunal noted that the principal amount has been received and granted time for the parties to negotiate a settlement regarding interest; the matter is listed for 27.02.2024.
Hearing
The Tribunal granted the respondent 10 days to file a reply to the appellant's objections and scheduled the next hearing for November 6, 2023.
Final Hearing
The Tribunal granted an exemption for the respondent's CMD to appear due to illness and adjourned the proceedings because the appellant's counsel is on sanctioned leave. The matter is rescheduled for hearing on 25.05.2023.
For Order
The Tribunal rescheduled the appearance of the respondent's Managing Director to 05.05.2023 due to the previous non-availability of the Bench.
For Order
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and show cause why proceedings should not be initiated under Section 64 of the Act 2016.
Final Hearing
The Tribunal directed the respondent to file an affidavit through its Managing Director regarding the Board's decision to abandon the project and whether any new projects have been launched on the same land.
Final Hearing
The Tribunal noted the respondent's counsel's inability to attend due to waterlogging and adjourned the matter for hearing on 17.10.2022.
Final Hearing
This is a procedural order noting that no time was left for the hearing on the specified date.
Final Hearing
The Tribunal noted the filing of an affidavit by the respondent and scheduled the appeal for a hearing on September 1, 2022.
Final Hearing
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
Hearing
The Tribunal granted a final opportunity to the respondent to file an affidavit as per the previous order and adjourned the case to 22.07.2022.
Hearing
The Tribunal noted the change in the respondent company's name and scheduled the appeal for a final hearing on 12.05.2022.
Final Hearing
The Tribunal directed the respondent to file an affidavit regarding certain facts and scheduled the matter for further orders on 05.04.2022.
Final Hearing
The Tribunal granted the respondent a 10-day extension to comply with the previous order dated 16.12.2021 and scheduled the next hearing for 24.01.2022.
Final Hearing
The Tribunal granted the respondent two weeks to file an affidavit for correcting inadvertent factual errors and bringing relevant documents on record, with a subsequent deadline for the appellant's reply.
Final Hearing
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and documents detailing the takeover of Shreya Developers and the resulting responsibilities toward its allottees.
Final Hearing
The Tribunal directed the respondent to file an affidavit and relevant documents within one week clarifying the terms under which they took over Shreya Developers and their subsequent responsibilities toward existing allottees.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and scheduled the appeal for a final hearing on 18.11.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to heavy rains and waterlogging, rescheduling the appeal for 22.10.2021.
For Order
The Tribunal granted a request from the counsels of both parties to adjourn the matter and rescheduled the case for hearing on 07.04.2021.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the hearing for 09.03.2021.
For Order
The Tribunal granted the appellant three days to file a reply to the respondent's objections and scheduled the next hearing for February 18, 2021.
Tribunal Order #0901126010332020-27-11-2024
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 (prior to the enactment of the RERA Act), the appellant cannot claim interest under the RERA Act but retains liberty to seek damages for breach of contract in an appropriate forum.
Tribunal Order #0901126010332020-17-10-2022
The Tribunal directed the respondent to file an affidavit through its Managing Director regarding the Board's decision to abandon the project and whether any new projects have been launched on the same land.
Tribunal Order #0901126010332020-07-12-2021
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and documents detailing the takeover of Shreya Developers and the resulting responsibilities toward its allottees.
Tribunal Order #0901126010332020-15-03-2024
The Tribunal directed the respondent to clarify its position regarding objections and project status after the respondent argued that the appellant's claim pertains to an abandoned, unregistered project (Hindon Valley) unrelated to the current respondent.
Tribunal Order #0901126010332020-16-11-2022
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and show cause why proceedings should not be initiated under Section 64 of the Act 2016.
Tribunal Order #0901126010332020-22-07-2022
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
Tribunal Order #0901126010332020-18-11-2021
The Tribunal directed the respondent to file an affidavit and relevant documents within one week clarifying the terms under which they took over Shreya Developers and their subsequent responsibilities toward existing allottees.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 (prior to the enactment of the RERA Act), the appellant cannot claim interest under the RERA Act but retains liberty to seek damages for breach of contract in an appropriate forum. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 (prior to the enactment of the RERA Act), the appellant cannot claim interest under the RERA Act but retains liberty to seek damages for breach of contract in an appropriate forum.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vinay Pandey
- Prasoon Kumar Anjor
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (7)
The Tribunal dismissed the appeals against the RERA Authority's order, ruling that because the project was abandoned in 2012 (prior to the enactment of the RERA Act), the appellant cannot claim interest under the RERA Act but retains liberty to seek damages for breach of contract in an appropriate forum.
The Tribunal directed the respondent to file an affidavit through its Managing Director regarding the Board's decision to abandon the project and whether any new projects have been launched on the same land.
The Tribunal granted the respondent one final week to comply with a previous order to file an affidavit and documents detailing the takeover of Shreya Developers and the resulting responsibilities toward its allottees.
The Tribunal directed the respondent to clarify its position regarding objections and project status after the respondent argued that the appellant's claim pertains to an abandoned, unregistered project (Hindon Valley) unrelated to the current respondent.
The Tribunal directed the Managing Director of the respondent to appear personally on 06.12.2022 to explain non-compliance with a previous order and show cause why proceedings should not be initiated under Section 64 of the Act 2016.
The Tribunal directed the respondent to comply with a previous order to file an affidavit detailing the takeover terms of Shreya Developers and its responsibilities toward allottees, warning that failure to do so will result in an adverse inference.
The Tribunal directed the respondent to file an affidavit and relevant documents within one week clarifying the terms under which they took over Shreya Developers and their subsequent responsibilities toward existing allottees.
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