Appellant / Complainant
Mukesh Kumar Biyani
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association
antriksh realtech pvt ltd
₹30,41,172
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 0901126041432023 by Mukesh Kumar Biyani against Uttar Pradesh Real Estate Regulatory Authority, Antriksh Realtech Pvt Ltd, Antriksh Sanskriti Welfare Association before up_rera.
Delay condonation
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. Consequently, the Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. D 645/2023 regarding the orders for this matter.
Hearing
The Tribunal has adjourned the appeal to 12.11.2024 following a joint request from both parties.
Defect Removal
The Tribunal granted extensions of time for the filing of replies and objections by the parties and ruled that service on respondent no. 3 was sufficient based on WhatsApp communication.
Defect Removal
This is a procedural order directing the parties to refer to a previously passed order dated 30.05.2024 in Appeal No. D 645/2023 for the relevant directions.
Defect Removal
The Tribunal granted the respondent three days to file objections regarding the application for condonation of delay and grounds of appeal, with a subsequent timeline set for the applicant's reply and document uploading.
Defect Removal
The Tribunal has scheduled the appeal for further orders or hearing on 10.05.2024.
Defect Removal
The Tribunal directs the parties to refer to the order passed in Appeal No. 645/2023 for the relevant orders.
Defect Removal
The Tribunal allowed an application to amend the address of respondent no.3 and directed the issuance of fresh notice, with the matter scheduled for hearing on 11.03.2024.
Defect Removal
The Tribunal issued notice to the respondent and outlined the procedural steps for service of appeal documents and the filing of objections/replies before the next hearing on 09.11.2023.
Tribunal Order #0901126041432023-19-12-2024
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. Consequently, the Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Tribunal Disposal & Final Award Ruling
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. Consequently, the Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. Consequently, the Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Amish Dabas
- Shobhit Mohan Shukla
Official RERA Tribunal Orders (1)
The Tribunal declared paragraph 18 of the impugned Rehabilitation Scheme ultra vires of the RERA Act, ruling that the Regulatory Authority lacks the power to impose a moratorium on existing refund orders or keep them in abeyance under Section 8. Consequently, the Tribunal directed the Authority to expeditiously execute previous judgments and decide pending complaints within four months.
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