Appellant / Complainant
Samadarshi Mallick, Krishna Kumari Dalai
Respondent
Rudra Buildwell Infra Pvt. Ltd.
rudra buildwell infra pvt. ltd.
₹34,53,341
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 0901126048412022 by Samadarshi Mallick, Krishna Kumari Dalai against Rudra Buildwell Infra Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, ruling instead that allottees have an unqualified right under Sections 18(1) and 19(4) of the RERA Act to seek a refund due to the promoter's failure to deliver possession within the stipulated timeline.
Hearing
The Tribunal issued a procedural order referring to the orders passed in Appeal No. 545/2022.
Hearing
The Tribunal issued a procedural order listing the appeal for a hearing on 07.02.2024 and referred to a previous order passed in Appeal No. 545/2022.
Hearing
The Tribunal directed that the appeal be listed for hearing on 30.10.2023, referencing a previous order passed in Appeal No. 545/2022.
Hearing
This is a procedural order directing the parties to refer to the order previously passed in Appeal No. 545/2022.
Hearing
The Tribunal directed that this appeal be listed on 13.04.2023 along with similar matters, referring to a previous order passed in Appeal No. 545/2022.
Hearing
The Tribunal has scheduled the appeal for a hearing on March 2, 2023, and directed reference to a previous order passed in Appeal No. 545 of 2022.
Exchange of pleadings
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the appeal for hearing on 13.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 21.12.2022.
Exchange of pleadings
The Tribunal directed the appellant to file a replication to the respondent's reply within one week and provided a subsequent hearing date of 25.11.2022.
to file objections and its reply
The Tribunal granted the appellant permission to file a replication against the respondent's reply and scheduled the matter for further orders on 01.11.2022.
Notice
The Tribunal directed the respondent's counsel to register on the e-portal and granted ten days to file objections to the grounds of appeal, with a subsequent deadline for the appellant to file a reply.
Admission
The Tribunal issued notice to the respondent and outlined the procedural timeline for service of appeal documents and the filing of objections and replies.
Tribunal Order #0901126048412022-07-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, ruling instead that allottees have an unqualified right under Sections 18(1) and 19(4) of the RERA Act to seek a refund due to the promoter's failure to deliver possession within the stipulated timeline.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, ruling instead that allottees have an unqualified right under Sections 18(1) and 19(4) of the RERA Act to seek a refund due to the promoter's failure to deliver possession within the stipulated timeline. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, ruling instead that allottees have an unqualified right under Sections 18(1) and 19(4) of the RERA Act to seek a refund due to the promoter's failure to deliver possession within the stipulated timeline.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Suyesh Pradhan
Respondent Advocate(s)
- Ajai Kumar Gupta
- Rishindra Vikram Singh
Official RERA Tribunal Orders (1)
The Appellate Tribunal set aside the Regulatory Authority's order that directed allottees to take possession and pay balance dues, ruling instead that allottees have an unqualified right under Sections 18(1) and 19(4) of the RERA Act to seek a refund due to the promoter's failure to deliver possession within the stipulated timeline.
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