Appellant / Complainant
Abhay Kumar Khare
Respondent
Omega Infrabuild Pvt. Ltd.
omega infrabuild pvt. ltd.
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 0901126028292023 by Abhay Kumar Khare against Omega Infrabuild Pvt. Ltd. before up_rera.
Hearing
The appeal was dismissed as withdrawn with liberty granted to the appellant to pursue their refund claim before the RERA Authority, which is encouraged to decide the matter on merit within three months.
Hearing
The Tribunal noted that the matter has proceeded ex parte against the respondent and granted a request to list the appeal for hearing on 05.11.2024.
Delay condonation
The Tribunal adjourned the appeal to 16.09.2024 for orders/hearing due to a technical glitch preventing the respondent's appearance.
Delay condonation
The Tribunal granted the respondent 7 days to file an objection after previously proceeding ex-parte, and directed the appellant to reply within a week of receiving said objection.
Delay condonation
The Tribunal directed the Registry to comply with a previous order dated 10.05.2024 and submit a compliance report within three days, subsequently scheduling the appeal for hearing on 05.08.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the appeal for hearing on 24.07.2024.
Delay condonation
The Tribunal deferred proceeding ex-parte against the respondent because the previous order had not been properly served via email by the Registry or the appellant's counsel. The matter is rescheduled for hearing on 29.05.2024.
Delay condonation
The Tribunal treated the service of notice on the respondent as sufficient and granted a 10-day extension for filing objections, warning that the matter will proceed ex-parte if no response is received by the next hearing.
Delay condonation
The Tribunal condoned the 40-day delay in filing the appeal due to the appellant's health issues and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant one week to submit an email dated 24.03.2023 as evidence regarding the receipt of the impugned order and scheduled the hearing for the condonation of delay application for 05.03.2024.
Delay condonation
The Tribunal deemed service of notice upon the respondent sufficient based on email and postal records and granted the respondent 10 days to file objections to the application for condonation of delay and the appeal.
Delay condonation
The Tribunal adjourned the proceedings due to a strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 18.09.2023 to consider an application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the notice via speed-post and email, with the matter listed for hearing on 11.09.2023.
Tribunal Order #0901126028292023-05-03-2024
The Tribunal condoned the 40-day delay in filing the appeal due to the appellant's health issues and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
Dismissed as withdrawn with liberty to pursue before the RERA Authority Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
Dismissed as withdrawn with liberty to pursue before the RERA Authority
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Eshita Bhasin
Official RERA Tribunal Orders (1)
The Tribunal condoned the 40-day delay in filing the appeal due to the appellant's health issues and directed the Registry to convert the defective appeal into a regular appeal.
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