Appellant / Complainant
Cbs International Projects Private Limited
Respondent
Akta Gupta, Vinay Yadav, Sumbul Siddiqui, The Uttar Pradesh Real Estate Regulatory Authority
cbs international projects private limited
₹38,10,714
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 0901126052412023 by Cbs International Projects Private Limited against Akta Gupta, Vinay Yadav, Sumbul Siddiqui, The Uttar Pradesh Real Estate Regulatory Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the impugned order of the Executing Authority, ruling that the appellant had taken bona fide steps to offer possession and that handing over possession is a bilateral act requiring cooperation from the respondents.
For Order
The Tribunal heard arguments from the counsel for the appellant and respondent No. 2, after which the order was reserved.
For Order
The Tribunal granted the appellant one week to file additional documents, including allottee consent for plan amendments, and directed the respondent to file objections regarding discrepancies in the project brochure.
For Order
The Tribunal directed the appellant to produce the project brochure, advertisements, and sanctioned maps to resolve a dispute regarding whether the unit allotted to the respondent matches the unit originally booked.
For Order
The Tribunal granted Respondent No. 2 three days to file objections to the condonation of delay application and granted the Appellant one week to file a reply, scheduling the next hearing for March 11, 2024.
Defect Removal
The Tribunal ruled that the appellant is not required to deposit any amount under Section 43(5) of the Act because the impugned order pertains to the imposition of a penalty under Section 63. Consequently, the Registry was directed to convert the defective appeal into a regular appeal and issue notice to the respondent.
Defect Removal
The Tribunal noted the absence of the respondent's contact details in the appeal memo and directed the applicant to rectify this defect within one week, rescheduling the matter for January 4, 2024.
Tribunal Order #0901126052412023-07-05-2024
The Tribunal set aside the impugned order of the Executing Authority, ruling that the appellant had taken bona fide steps to offer possession and that handing over possession is a bilateral act requiring cooperation from the respondents.
Tribunal Order #0901126052412023-04-01-2024
The Tribunal ruled that the appellant is not required to deposit any amount under Section 43(5) of the Act because the impugned order pertains to the imposition of a penalty under Section 63. Consequently, the Registry was directed to convert the defective appeal into a regular appeal and issue notice to the respondent.
Tribunal Order #0901126052412023-13-03-2024
The Tribunal granted the appellant one week to file additional documents, including allottee consent for plan amendments, and directed the respondent to file objections regarding discrepancies in the project brochure.
Tribunal Order #0901126052412023-11-03-2024
The Tribunal directed the appellant to produce the project brochure, advertisements, and sanctioned maps to resolve a dispute regarding whether the unit allotted to the respondent matches the unit originally booked.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the impugned order of the Executing Authority, ruling that the appellant had taken bona fide steps to offer possession and that handing over possession is a bilateral act requiring cooperation from the respondents. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the impugned order of the Executing Authority, ruling that the appellant had taken bona fide steps to offer possession and that handing over possession is a bilateral act requiring cooperation from the respondents.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Raj Singh
Official RERA Tribunal Orders (4)
The Tribunal set aside the impugned order of the Executing Authority, ruling that the appellant had taken bona fide steps to offer possession and that handing over possession is a bilateral act requiring cooperation from the respondents.
The Tribunal ruled that the appellant is not required to deposit any amount under Section 43(5) of the Act because the impugned order pertains to the imposition of a penalty under Section 63. Consequently, the Registry was directed to convert the defective appeal into a regular appeal and issue notice to the respondent.
The Tribunal granted the appellant one week to file additional documents, including allottee consent for plan amendments, and directed the respondent to file objections regarding discrepancies in the project brochure.
The Tribunal directed the appellant to produce the project brochure, advertisements, and sanctioned maps to resolve a dispute regarding whether the unit allotted to the respondent matches the unit originally booked.
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