up_reraStatus: Completed
CASE ID: 0901126049662021

Appellant / Complainant

Anudeep Gupta

VS

Respondent

Apex Dream Homes Private Limited

Developer Firm

apex dream homes private limited

Disputed Amount

15,07,706

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestSale Deed & Title TransferNon-Compliance & ExecutionJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

28 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126049662021 by Anudeep Gupta against Apex Dream Homes Private Limited before up_rera.

Delay in PossessionDelay Compensation / InterestSale Deed & Title TransferNon-Compliance & ExecutionJurisdiction & Maintainability
2
Stage 102/08/2023

for delivery of Judgment/Order

The Tribunal set aside the Regulatory Authority's order dated 15.07.2021 due to procedural irregularities regarding its antedated nature and lack of recorded hearing, remanding the matter back to the Regulatory Authority for a fresh examination of the respondent's rectification application.

3
Stage 221/07/2023

Hearing

The Tribunal heard arguments from both parties regarding Appeal-933/2021 and has reserved the judgment for further consideration.

4
Stage 313/07/2023

Hearing

The Tribunal adjourned the appeal to 21.07.2023 upon a joint request from both parties and directed that no further adjournments will be granted.

5
Stage 406/07/2023

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for 13.07.2023.

6
Stage 522/05/2023

Hearing

The Tribunal noted the absence of U.P. RERA despite previous notices and directed the Registrar to send a reminder to the Secretary, U.P. RERA, with the matter listed for hearing on 06.07.2023.

7
Stage 625/04/2023

For Order

The Tribunal directed the appellant to implead U.P. RERA as respondent no. 2 and provided procedural instructions for issuing notice and filing amended pleadings before the next hearing on 22.05.2023.

8
Stage 703/04/2023

Further Hearing

The Tribunal allowed an application to implead the U.P. Real Estate Regulatory Authority as respondent no. 2 and directed the appellant to file an amended memo of appeal before the next hearing on 25.04.2023.

9
Stage 827/02/2023

Hearing

The Tribunal directed the Registrar to summon the records of Complaint No. NCR-144/07/0019/2019 and related Section 39 proceedings to investigate discrepancies in previous orders and hearing dates.

10
Stage 925/01/2023

Hearing

No text available.

11
Stage 1009/01/2023

Hearing

The Tribunal adjourned the proceedings at the request of the respondent's counsel and scheduled the matter for final hearing on 25.01.2023.

12
Stage 1107/12/2022

For Order

The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulty and scheduled the appeal for hearing on 09.01.2023.

13
Stage 1211/11/2022

For Order

The Tribunal granted an adjournment requested by the respondent's counsel due to medical exigency and rescheduled the hearing for December 7, 2022.

14
Stage 1317/10/2022

Hearing

The Tribunal granted the respondent additional time to prepare their brief and adjourned the appeal for hearing to 11.11.2022.

15
Stage 1422/09/2022

Hearing

The Tribunal granted a request from the counsels for both parties to adjourn the matter and rescheduled the appeal for hearing on 17.10.2022.

16
Stage 1525/08/2022

Hearing

The Tribunal granted an application to transfer the appeal from Bench No. 2 to Bench No. 1 and scheduled the matter for further orders on 22.09.2022.

17
Stage 1615/07/2022

Hearing

The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 25.08.2022.

18
Stage 1726/05/2022

Hearing

The Tribunal directed the respondent to file a reply within two weeks and permitted the appellant to file a rejoinder thereafter, while ordering both parties to upload pleadings on the e-portal before the next hearing on 02.08.2022.

19
Stage 1821/04/2022

Hearing

The Tribunal granted the respondent a final 15-day opportunity to file a reply against the grounds of appeal, warning that failure to do so will result in ex-parte proceedings.

20
Stage 1906/04/2022

Delay condonation

No text available.

21
Stage 2023/03/2022

Delay condonation

The Tribunal adjourned the matter to 06.04.2022 and directed the respondent to file objections to the condonation of delay application and the appeal grounds within 10 days.

22
Stage 2108/03/2022

Delay condonation

The Tribunal granted extensions of time to both the appellant and respondent to rectify defects and file objections/replies, scheduling the next hearing for March 23, 2022.

23
Stage 2228/02/2022

Delay condonation

The Tribunal granted a one-week extension to the appellant's counsel to rectify registry defects and scheduled the matter for hearing on 08.03.2022.

24
Stage 2316/12/2021

Defect Removal

The Tribunal directed the issuance of notice to the respondent via registered post and email and scheduled the matter for 18.01.2022 to address the limitation application.

25
Stage 2413/12/2021

Defect Removal

No text available.

26
Stage 25Final Ruling Order

Tribunal Order #0901126049662021-02-08-2023

The Tribunal set aside the Regulatory Authority's order dated 15.07.2021 due to procedural irregularities regarding its antedated nature and lack of recorded hearing, remanding the matter back to the Regulatory Authority for a fresh examination of the respondent's rectification application.

27
Stage 26Interim Order

Tribunal Order #0901126049662021-27-02-2023

The Tribunal directed the Registrar to summon the records of Complaint No. NCR-144/07/0019/2019 and related Section 39 proceedings to investigate discrepancies in previous orders and hearing dates.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Regulatory Authority's order dated 15.07.2021 due to procedural irregularities regarding its antedated nature and lack of recorded hearing, remanding the matter back to the Regulatory Authority for a fresh examination of the respondent's rectification application. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1 percent.

Disposal Winner: AppellantInterest Rate: MCLR + 1 percentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Regulatory Authority's order dated 15.07.2021 due to procedural irregularities regarding its antedated nature and lack of recorded hearing, remanding the matter back to the Regulatory Authority for a fresh examination of the respondent's rectification application.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR + 1 percent

Interest Period

for the delayed period (a) receipt of OC/CC [or 8 days after applying for OC/CC with Electrical Certificate, Fire Safety Certificate, Structural Certificate, Lift Installation Certificate] or (b) offer of possession, whichever is later

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 11(4)(f)Section 17Section 40Section 63Section 64Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Siddharth Nandwani

Respondent Advocate(s)

  • Harish Pandey

Official RERA Tribunal Orders (2)

FINAL_ORDEROrder ID: 0901126049662021-02-08-2023

The Tribunal set aside the Regulatory Authority's order dated 15.07.2021 due to procedural irregularities regarding its antedated nature and lack of recorded hearing, remanding the matter back to the Regulatory Authority for a fresh examination of the respondent's rectification application.

INTERIM_ORDEROrder ID: 0901126049662021-27-02-2023

The Tribunal directed the Registrar to summon the records of Complaint No. NCR-144/07/0019/2019 and related Section 39 proceedings to investigate discrepancies in previous orders and hearing dates.

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