Appellant / Complainant
Brick Rise Developers Pvt. Ltd.
Respondent
Antaryami Kumar, Anr
brick rise developers pvt. ltd.
₹17,51,901
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 0901126014592020 by Brick Rise Developers Pvt. Ltd. against Antaryami Kumar, Anr before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal set aside the U.P. RERA Regulatory Authority's order directing a refund to respondents, ruling that the developer did not misrepresent facts or commit illegality by correcting lease rent and tax amounts in a subsequent allotment letter.
Hearing
The Tribunal heard arguments from both parties regarding allegations of misrepresentation by the appellant and has reserved its judgment.
Delay condonation
The Tribunal granted a one-time adjournment requested by the respondent's counsel due to illness but issued a stern warning that future requests for adjournment by co-counsel will not be entertained.
Delay condonation
The Tribunal granted an adjournment request from the applicant's counsel and directed both parties to exchange pleadings at least three days before the next hearing on 08.10.2021.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's directions regarding the COVID-19 pandemic limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The case was adjourned because advocates were abstaining from work due to a call by the Oudh Bar Association; the defective appeal is scheduled for listing on 18.03.2021.
For Order
The Tribunal directed the applicant to provide a copy of the affidavit for condonation of delay to the respondents and established a timeline for filing objections and replies via email and the e-Portal.
Tribunal Order #0901126014592020-22-03-2022
The Uttar Pradesh Real Estate Appellate Tribunal set aside the U.P. RERA Regulatory Authority's order directing a refund to respondents, ruling that the developer did not misrepresent facts or commit illegality by correcting lease rent and tax amounts in a subsequent allotment letter.
Tribunal Order #0901126014592020-18-03-2021
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's directions regarding the COVID-19 pandemic limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal set aside the U.P. RERA Regulatory Authority's order directing a refund to respondents, ruling that the developer did not misrepresent facts or commit illegality by correcting lease rent and tax amounts in a subsequent allotment letter. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal set aside the U.P. RERA Regulatory Authority's order directing a refund to respondents, ruling that the developer did not misrepresent facts or commit illegality by correcting lease rent and tax amounts in a subsequent allotment letter.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Sunil Kumar Singh
Respondent Advocate(s)
- Madhusudan Srivastava
Official RERA Tribunal Orders (2)
The Uttar Pradesh Real Estate Appellate Tribunal set aside the U.P. RERA Regulatory Authority's order directing a refund to respondents, ruling that the developer did not misrepresent facts or commit illegality by correcting lease rent and tax amounts in a subsequent allotment letter.
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's directions regarding the COVID-19 pandemic limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
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