Appellant / Complainant
Mahendra Kumar Maheshwari
Respondent
Swami Nirman Pvt. Ltd.
swami nirman pvt. ltd.
₹50,00,000
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 0901126023352022 by Mahendra Kumar Maheshwari against Swami Nirman Pvt. Ltd. before up_rera.
Part Heard
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under the Act because no formal allotment letter or agreement to sell was executed, thereby making the complaint for refund under Section 18 non-maintainable.
Part Heard
The Tribunal granted an adjournment requested by the appellant, subject to a cost of Rs. 5,000 payable to the Tribunal's library, and stipulated that no further adjournments will be granted.
Part Heard
The Tribunal has ordered the appeal to be listed on 18.07.2025 before a Special Bench, to be heard alongside Appeal No. 236/2022.
Part Heard
The Tribunal notes that the matter is part-heard by another Bench and orders the appeal to be listed for hearing before the same Bench on 29.05.2025.
Part Heard
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 05.05.2025, while maintaining any existing interim orders.
Part Heard
The Tribunal adjourned the matter to 10.04.2025 following an adjournment request by the respondent and noted that the case will proceed ex-parte if no appearance is made on the next date.
Part Heard
The Tribunal granted a request by the appellant's counsel to list the appeal for hearing on 03.04.2025 and directed the parties to exchange pleadings in the interim.
Hearing
The Tribunal granted the respondent 10 days to file a supplementary counter affidavit and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for March 10, 2025.
Hearing
The Tribunal denied a request for adjournment by the respondent and scheduled the appeal for hearing on 06.02.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal has scheduled the hearing for Appeal No. 256/2022 (Mahendra Kumar Maheshwari Vs. Swami Nirman Pvt. Ltd.) and its connected appeal for 17.01.2025.
Hearing
The Tribunal granted a request for adjournment and rescheduled the appeal for hearing on 13.12.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on 14.11.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for orders on 04.10.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for August 2, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to him being out of station and rescheduled the hearing for 04.07.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for May 6, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the appeal for hearing on 08.04.2024.
Hearing
The Tribunal noted that the appeal is ripe for hearing but granted an adjournment due to the respondent's counsel being out of station, rescheduling the matter for 05.03.2024.
For Order
The Tribunal noted that the respondent's counsel was out of station and that pleadings have been exchanged, subsequently rescheduling the appeal for hearing on 06.02.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to being out of station and rescheduled the matter for orders on 14.08.2023.
For Order
The Tribunal has adjourned the matter and scheduled the case for orders/hearing on 03.07.2023 due to the absence of the respondent's counsel.
Exchange of pleadings
The Tribunal granted the appellant's co-counsel 10 days to file a reply to the respondent's objections and scheduled the next hearing for April 21, 2023.
Exchange of pleadings
The Tribunal granted a request from both parties to list the defective appeal on 03.02.2023 for further orders.
Exchange of pleadings
The Tribunal directed the respondent to file a reply to the grounds of appeal within 10 days and permitted the applicant to file a replication, scheduling the matter for further orders on 19.12.2022.
Exchange of pleadings
The Tribunal adjourned the matter to 17.11.2022 because the respondent's counsel was unable to attend due to a personal emergency.
Hearing on Appeal
The Tribunal directed the appellant to file an objection to the respondent's application regarding the maintainability of the appeal and scheduled the matter for further orders on 15.09.2022.
Hearing on Appeal
The Tribunal granted a request to list this appeal alongside a connected appeal on 18.08.2022 for hearing.
Hearing on Appeal
The Tribunal accepted the respondent's Vakalatnama and granted two weeks for the filing of objections to the grounds of appeal, with subsequent timelines set for replies and e-portal uploads.
Hearing on Appeal
The Tribunal issued notice to the respondent and directed the appellant to serve the appeal via speed-post and email, scheduling the next hearing for July 7, 2022.
Tribunal Order #0901126023352022-03-09-2025
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under the Act because no formal allotment letter or agreement to sell was executed, thereby making the complaint for refund under Section 18 non-maintainable.
Tribunal Order #0901126023352022-12-08-2025
The Tribunal granted an adjournment requested by the appellant, subject to a cost of Rs. 5,000 payable to the Tribunal's library, and stipulated that no further adjournments will be granted.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under the Act because no formal allotment letter or agreement to sell was executed, thereby making the complaint for refund under Section 18 non-maintainable. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under the Act because no formal allotment letter or agreement to sell was executed, thereby making the complaint for refund under Section 18 non-maintainable.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anilesh Tewari
- Aprajita Bansal
Respondent Advocate(s)
- Inderpreet Singh Chaddha
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under the Act because no formal allotment letter or agreement to sell was executed, thereby making the complaint for refund under Section 18 non-maintainable.
The Tribunal granted an adjournment requested by the appellant, subject to a cost of Rs. 5,000 payable to the Tribunal's library, and stipulated that no further adjournments will be granted.
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