Appellant / Complainant
Auspicious Shelters Pvt. Ltd., Awanindra Kumar Singh
Respondent
Uttar Pradesh Real Estate Regulatory Authority Lucknow, Hsl Software Private Limited, Proplarity Infratech Private Limited, Urbanac Building Technologies Llp
auspicious shelters pvt. ltd.
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 0901126030432022 by Auspicious Shelters Pvt. Ltd., Awanindra Kumar Singh against Uttar Pradesh Real Estate Regulatory Authority Lucknow, Hsl Software Private Limited, Proplarity Infratech Private Limited, Urbanac Building Technologies Llp before up_rera.
Hearing
The Tribunal dismissed the appeal filed by Auspicious Shelters Pvt. Ltd., ruling that the appellant is not an 'aggrieved person' under Section 15 of the Act 2016 and lacks locus standi to challenge the transfer of the project to a new promoter, as the transfer was duly approved by two-thirds of the allottees.
Hearing
The Tribunal has adjourned the appeal and, with the consent of the parties, directed that the matter be listed for orders/hearing on 12.05.2025 before Court No. 1.
Hearing
The Tribunal has granted a request from the appellant's counsel to adjourn the matter, scheduling the appeal for orders/hearing on 07.04.2025.
Hearing
The Tribunal granted the appellant time to respond to maintainability objections raised by the respondent and scheduled the next hearing for March 7, 2025.
Hearing
The Tribunal granted the respondents 10 days to file objections to the appellant's amendment application and scheduled the hearing for the amendment application on 17.02.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant but imposed a cost of Rs. 5,000/- for the delay, directing the appellant to deposit the amount before the next hearing on 06.01.2025.
Hearing
The Tribunal scheduled the appeal for a hearing on merits on 09.12.2024, noting that no further adjournments will be granted.
Hearing
The Tribunal proceeded ex parte against respondent no. 3 due to non-appearance and granted the appellant 7 days to file a rejoinder affidavit regarding interim relief.
Hearing
The Tribunal noted that pleadings have been exchanged between the appellant and respondent nos. 2 and 4, and scheduled the appeal for a hearing on 20.09.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the hearing for 21.08.2024.
Hearing
The Tribunal granted a 10-day extension to the respondent for filing objections and directed the appellant to serve the order to respondent No. 3 and file an affidavit of service.
Hearing
The Tribunal accepted service of notice via newspaper publication for Respondent No. 3 and granted the respondents 10 days to file objections, noting that the matter will proceed ex-parte if they fail to appear or file objections by the next hearing on 22.05.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the matter for orders on 22.04.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and directed the appellant to file an affidavit of service regarding respondent no. 3 before the next hearing on 08.04.2024.
Hearing
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondents' objections, subject to a cost of Rs 10,000/- due to excessive delays.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the objections of respondent nos. 2 and 4 and scheduled the next hearing for 27.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 27.07.2023, while allowing parties to file objections in the interim.
For Order
The Tribunal granted a 10-day extension to Respondent No. 1 for filing a reply to objections and adjourned the appeal to 13.07.2023 due to a request for adjournment by the Appellant's counsel.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed the submission of the reply via email and the e-portal, with the matter listed for hearing on 06.12.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal, finding that the appellant's inability to obtain a certified copy of the impugned order due to technical deficiencies in the U.P. RERA website constituted sufficient cause. The Tribunal also allowed the application for service of notice to respondent no. 3 via newspaper publication.
Delay condonation
The Tribunal granted an adjournment to the next day, 12.10.2022, at the request of the appellant's counsel who was traveling from outstation.
Delay condonation
The Tribunal granted an adjournment request from the respondent's counsel due to heavy rain and rescheduled the matter for the following day, with a directive to produce the required records.
Delay condonation
The Tribunal directed the Registrar to ensure the RERA Secretary sends the case records or deputes a representative with the records for perusal before the next hearing date.
Delay condonation
The Tribunal has ordered UP RERA to produce its records and documentation regarding the actions taken on the applicant's requests for a certified copy of the order by 27.09.2022.
Delay condonation
The Tribunal directed the Respondent (Regulatory Authority) to submit the specific procedures for obtaining offline and online certified copies of orders to determine if the applicant's delay was justified. The matter is listed for orders on 20.09.2022.
Delay condonation
The Tribunal has scheduled the case for a subsequent hearing on 16.09.2022.
Delay condonation
The Tribunal treated service as sufficient for respondents 1, 2, and 4, granted 10 days for filing objections, and directed the applicant to take steps for newspaper publication regarding respondent 3.
Defect Removal
The Tribunal granted the appellant two weeks to file a certified copy of the impugned order and issued notice to the respondent regarding the application for condonation of delay, returnable on 08.08.2022.
Tribunal Order #0901126030432022-12-05-2025
The Tribunal dismissed the appeal filed by Auspicious Shelters Pvt. Ltd., ruling that the appellant is not an 'aggrieved person' under Section 15 of the Act 2016 and lacks locus standi to challenge the transfer of the project to a new promoter, as the transfer was duly approved by two-thirds of the allottees.
Tribunal Order #0901126030432022-12-10-2022
The Tribunal condoned the delay in filing the appeal, finding that the appellant's inability to obtain a certified copy of the impugned order due to technical deficiencies in the U.P. RERA website constituted sufficient cause. The Tribunal also allowed the application for service of notice to respondent no. 3 via newspaper publication.
Tribunal Order #0901126030432022-20-09-2022
The Tribunal has ordered UP RERA to produce its records and documentation regarding the actions taken on the applicant's requests for a certified copy of the order by 27.09.2022.
Tribunal Order #0901126030432022-09-12-2024
The Tribunal granted an adjournment requested by the appellant but imposed a cost of Rs. 5,000/- for the delay, directing the appellant to deposit the amount before the next hearing on 06.01.2025.
Tribunal Order #0901126030432022-25-01-2024
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondents' objections, subject to a cost of Rs 10,000/- due to excessive delays.
Tribunal Order #0901126030432022-16-09-2022
The Tribunal directed the Respondent (Regulatory Authority) to submit the specific procedures for obtaining offline and online certified copies of orders to determine if the applicant's delay was justified. The matter is listed for orders on 20.09.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Auspicious Shelters Pvt. Ltd., ruling that the appellant is not an 'aggrieved person' under Section 15 of the Act 2016 and lacks locus standi to challenge the transfer of the project to a new promoter, as the transfer was duly approved by two-thirds of the allottees. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Auspicious Shelters Pvt. Ltd., ruling that the appellant is not an 'aggrieved person' under Section 15 of the Act 2016 and lacks locus standi to challenge the transfer of the project to a new promoter, as the transfer was duly approved by two-thirds of the allottees.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Avinash Kumar Singh
Respondent Advocate(s)
- Shobhit Mohan Shukla
Official RERA Tribunal Orders (6)
The Tribunal dismissed the appeal filed by Auspicious Shelters Pvt. Ltd., ruling that the appellant is not an 'aggrieved person' under Section 15 of the Act 2016 and lacks locus standi to challenge the transfer of the project to a new promoter, as the transfer was duly approved by two-thirds of the allottees.
The Tribunal condoned the delay in filing the appeal, finding that the appellant's inability to obtain a certified copy of the impugned order due to technical deficiencies in the U.P. RERA website constituted sufficient cause. The Tribunal also allowed the application for service of notice to respondent no. 3 via newspaper publication.
The Tribunal has ordered UP RERA to produce its records and documentation regarding the actions taken on the applicant's requests for a certified copy of the order by 27.09.2022.
The Tribunal granted an adjournment requested by the appellant but imposed a cost of Rs. 5,000/- for the delay, directing the appellant to deposit the amount before the next hearing on 06.01.2025.
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondents' objections, subject to a cost of Rs 10,000/- due to excessive delays.
The Tribunal directed the Respondent (Regulatory Authority) to submit the specific procedures for obtaining offline and online certified copies of orders to determine if the applicant's delay was justified. The matter is listed for orders on 20.09.2022.
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