Appellant / Complainant
Colorful Estate Private Limited
Respondent
Vivek Jain
colorful estate private limited
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 0901126028092021 by Colorful Estate Private Limited against Vivek Jain before up_rera.
Seeking Directions
The Tribunal deleted previous directions regarding the transfer of deposited funds because the applicant failed to deposit any amount in compliance with Section 43(5) of the Act, 2016.
Compliance of section 43(5)
The Tribunal rejected the applicant's application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disposal during execution proceedings.
Compliance of section 43(5)
The Tribunal decided to proceed with an ex-parte hearing against the respondent on 06.07.2023 due to their continued non-appearance despite previous appearances.
Ex-Parte
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the defective appeal for hearing on 09.02.2023.
Hearing
The Tribunal ruled that the case shall proceed ex-parte against the respondent due to his failure to file a Vakalatnama or an application to recall the previous ex-parte order. The matter is listed for an ex-parte hearing on 03.11.2022.
Compliance of section 43(5)
The Tribunal directed the respondent to file a Vakalatnama and a recall application to set aside the existing ex-parte order dated 16.03.2022 before proceeding with the reply.
Delay condonation
The Tribunal adjourned the appeal due to the absence of parties and scheduled the defective appeal for a hearing on 30.08.2022.
Delay condonation
The Tribunal observed a procedural irregularity regarding the granting of time for objections before recalling an ex-parte order and directed the matter to be examined by Bench No. 2 on 01.08.2022.
Delay condonation
The Tribunal directed the respondent's counsel to file a Vakalatnama and reply within two weeks and ordered parties to upload pleadings on the e-portal before the next hearing on 20.07.2022.
Delay condonation
The Tribunal directed the respondent to file objections regarding compliance with Section 43(5) of the Act and the delay condonation application, as well as a reply against the grounds of appeal.
Compliance of section 43(5)
The Tribunal declared service upon the respondent sufficient and proceeded to hear the matter ex parte due to non-appearance. Additionally, the court granted an extension for the appellant to explain a delay in condonation regarding the communication of a prior order.
Compliance of section 43(5)
The Tribunal adjourned the matter to 03.02.2022 for further orders as no one appeared despite notice being duly served.
Further Order
The Tribunal allowed an application for adjournment filed by the applicant and rescheduled the case for further orders on 10.01.2022.
Delay condonation
The Tribunal noted that related cases are scheduled for 09.12.2021 and ordered the defective appeal to be listed on that date for hearing.
Further Order
The Tribunal adjourned the matter to 17.11.2021 due to the absence of the respondent and directed that notice of the next hearing be sent via email.
Notice
The Tribunal granted the respondent one final opportunity to appear and adjourned the defective appeal to 24.09.2021.
Notice
The Tribunal directed the appellant to take steps to issue notice to the respondent via registered post and email within 10 days following a hearing regarding a defective appeal.
Compliance of section 43(5)
The Tribunal issued notice to the respondent regarding the appellant's argument that no additional deposit is required under Section 43(5) of the Act due to the issuance of an Occupation Certificate.
Tribunal Order #0901126028092021-06-07-2023
The Tribunal rejected the applicant's application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disposal during execution proceedings.
Tribunal Order #0901126028092021-29-09-2022
The Tribunal ruled that the case shall proceed ex-parte against the respondent due to his failure to file a Vakalatnama or an application to recall the previous ex-parte order. The matter is listed for an ex-parte hearing on 03.11.2022.
Tribunal Order #0901126028092021-30-08-2022
The Tribunal directed the respondent to file a Vakalatnama and a recall application to set aside the existing ex-parte order dated 16.03.2022 before proceeding with the reply.
Tribunal Order #0901126028092021-01-04-2022
The Tribunal directed the respondent to file objections regarding compliance with Section 43(5) of the Act and the delay condonation application, as well as a reply against the grounds of appeal.
Tribunal Order #0901126028092021-16-03-2022
The Tribunal declared service upon the respondent sufficient and proceeded to hear the matter ex parte due to non-appearance. Additionally, the court granted an extension for the appellant to explain a delay in condonation regarding the communication of a prior order.
Tribunal Order #0901126028092021-19-07-2021
The Tribunal issued notice to the respondent regarding the appellant's argument that no additional deposit is required under Section 43(5) of the Act due to the issuance of an Occupation Certificate.
Tribunal Order #0901126028092021-20-07-2022
The Tribunal observed a procedural irregularity regarding the granting of time for objections before recalling an ex-parte order and directed the matter to be examined by Bench No. 2 on 01.08.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal rejected the applicant's application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disposal during execution proceedings. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal rejected the applicant's application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disposal during execution proceedings.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Official RERA Tribunal Orders (7)
The Tribunal rejected the applicant's application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disposal during execution proceedings.
The Tribunal ruled that the case shall proceed ex-parte against the respondent due to his failure to file a Vakalatnama or an application to recall the previous ex-parte order. The matter is listed for an ex-parte hearing on 03.11.2022.
The Tribunal directed the respondent to file a Vakalatnama and a recall application to set aside the existing ex-parte order dated 16.03.2022 before proceeding with the reply.
The Tribunal directed the respondent to file objections regarding compliance with Section 43(5) of the Act and the delay condonation application, as well as a reply against the grounds of appeal.
The Tribunal declared service upon the respondent sufficient and proceeded to hear the matter ex parte due to non-appearance. Additionally, the court granted an extension for the appellant to explain a delay in condonation regarding the communication of a prior order.
The Tribunal issued notice to the respondent regarding the appellant's argument that no additional deposit is required under Section 43(5) of the Act due to the issuance of an Occupation Certificate.
The Tribunal observed a procedural irregularity regarding the granting of time for objections before recalling an ex-parte order and directed the matter to be examined by Bench No. 2 on 01.08.2022.
Need to research all rulings for colorful estate private limited?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.