Appellant / Complainant
Mohan Chandra Agrawal
Respondent
G S Promoters Private Limited
g s promoters private limited
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 0901126036642021 by Mohan Chandra Agrawal against G S Promoters Private Limited before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order that had dismissed a complaint on maintainability, ruling that an individual remains an 'allottee' under the Act 2016 even after possession and execution of a conveyance deed, thereby restoring the complaint for adjudication on its merits.
Hearing
The Tribunal granted the appellant one week to upload a rejoinder to the respondent's objections and scheduled the matter for hearing on 07.11.2024.
Hearing
The Tribunal granted the appellant one week to file a rejoinder to the respondent's objections and scheduled the matter for orders on 27.09.2024.
Hearing
The Tribunal directed the respondent to file objections to the appellant's amendment application within one week and scheduled the appeal for a hearing on 29.08.2024.
Hearing
The Tribunal granted a request for adjournment from both parties due to health grounds and rescheduled the hearing for 25.07.2024.
Hearing
The Tribunal granted an adjournment as the respondent's counsel requested it on health grounds and directed the respondent to file objections to the appellant's proposed amendment application within one week.
Hearing
The Tribunal granted a 10-day extension for filing objections to the amended grounds of appeal and scheduled the next hearing for March 22, 2024.
Hearing
The Tribunal allowed the appellant's application for amendment of the memo of appeal, directing the appellant to file a properly paragraphed and paginated amended copy with changes marked in red ink.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing for 13.10.2023.
Hearing
The Tribunal allowed the appellant's application to engage legal counsel and scheduled the appeal for a hearing on September 5, 2023.
Hearing
The Tribunal granted the appellant one week to file a copy of their online complaint after finding it missing from the record and rescheduled the hearing for 04.08.2023.
Hearing
The Tribunal adjourned the proceedings to 05.07.2023 due to the absence of both parties, noting that the matter will be examined based on available records if no one appears at the next hearing.
Hearing
The Tribunal adjourned the appeal to 22.05.2023 because the respondent's counsel was on sanctioned leave.
Hearing
The Tribunal scheduled the appeal for a hearing on 24.04.2023 and noted that the appellant may appear in person or through representation, otherwise the matter will proceed based on the existing record.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing of the appeal to 15.03.2023.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for hearing on 11.01.2023.
Delay condonation
The Tribunal condoned a 6-day delay in filing the appeal, citing the applicant's status as a senior citizen and lack of computer proficiency as sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the case for hearing on 10.10.2022 regarding the application for condonation of delay.
Delay condonation
The Tribunal directed the respondent's counsel to register in the case and granted 10 days to file objections to the condonation of delay application and the grounds of appeal, with a subsequent hearing scheduled for 08.09.2022.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for August 11, 2022.
Delay condonation
The Tribunal adjourned the case to 18.07.2022 in the interest of justice and directed the Registry to communicate this date to the applicant via email.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the condonation of delay and grounds of appeal, with a subsequent timeline set for the applicant's reply and a new hearing date scheduled for July 5, 2022.
Delay condonation
The Tribunal noted that notice had not been served on the respondent and directed the issuance of notice returnable on 13.05.2022, with specific instructions for the appellant to serve the respondent via speed post.
Delay condonation
The matter was adjourned to 08.04.2022 due to poor connectivity preventing the applicant from being heard during the video conference.
Delay condonation
The Tribunal adjourned the defective appeal to 30.03.2022 and instructed that if the appellant wishes to argue in person, they must first formally discharge their current counsel.
Delay condonation
The Tribunal directed the appellant to remove registry defects within one week, failing which the appeal will be dismissed for non-compliance.
Defect Removal
The Tribunal adjourned the matter to 18.01.2022 and directed the applicant to remove defects identified by the Registry.
Defect Removal
The Tribunal noted that the appeal appears to be filed beyond the limitation period and ordered notice to be issued to the respondent via registered post and email, scheduling the matter for 03.01.2022 to address the limitation application.
Tribunal Order #0901126036642021-07-11-2024
The Tribunal set aside the Regulatory Authority's order that had dismissed a complaint on maintainability, ruling that an individual remains an 'allottee' under the Act 2016 even after possession and execution of a conveyance deed, thereby restoring the complaint for adjudication on its merits.
Tribunal Order #0901126036642021-10-10-2022
The Tribunal condoned a 6-day delay in filing the appeal, citing the applicant's status as a senior citizen and lack of computer proficiency as sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that had dismissed a complaint on maintainability, ruling that an individual remains an 'allottee' under the Act 2016 even after possession and execution of a conveyance deed, thereby restoring the complaint for adjudication on its merits. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that had dismissed a complaint on maintainability, ruling that an individual remains an 'allottee' under the Act 2016 even after possession and execution of a conveyance deed, thereby restoring the complaint for adjudication on its merits.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Respondent Advocate(s)
- Sunendra Kumar
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order that had dismissed a complaint on maintainability, ruling that an individual remains an 'allottee' under the Act 2016 even after possession and execution of a conveyance deed, thereby restoring the complaint for adjudication on its merits.
The Tribunal condoned a 6-day delay in filing the appeal, citing the applicant's status as a senior citizen and lack of computer proficiency as sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
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