Appellant / Complainant
Capital Infratechomes Private Limited
Respondent
Yogesh Bansal
capital infratechomes private limited
₹41,79,895
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 0901126054892022 by Capital Infratechomes Private Limited against Yogesh Bansal before up_rera.
Delay condonation
The Tribunal set aside the RERA Authority's order directing possession and interest, remanding the matter back to the Authority to first adjudicate upon the validity of the unit's cancellation.
Delay condonation
The proceedings were adjourned following an application by the respondent's counsel, with the appeal scheduled for hearing on 17.01.2025 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent's counsel time to address the issue of delay in filing the appeal and adjourned the matter to 18.12.2024.
Delay condonation
The Tribunal accepted the amended copy of the appeal filed by the appellant and granted the respondent 10 days to file objections, scheduling the next hearing for November 20, 2024.
Hearing
The Tribunal granted the appellant one week to amend and upload the memo of appeal and directed the respondent to file objections thereafter. The matter is scheduled for hearing on 15.10.2024.
Hearing
The Tribunal allowed the appellant's amendment application (IA No.1346/2024) regarding specific relief clauses and granted time for both parties to file objections concerning the amendment and an application against the creation of third-party rights.
Hearing
The Tribunal granted the respondent one week to file an affidavit regarding the current possession status of the unit and directed the appellant to respond within a week after receiving said affidavit.
Hearing
The Tribunal granted a request for adjournment from both parties and scheduled the defective appeal for orders or hearing on 24.05.2024.
Hearing
The Tribunal noted the appellant's undertaking that while the unit has been allotted to another person, no conveyance deed will be executed in favor of any fresh allottee during the pendency of the proceedings.
Hearing
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the matter for hearing on 19.03.2024 regarding the application for condonation of delay.
Hearing
The Tribunal directed the Registry to verify online deposits made by the appellant under Section 43(5) of the Act and granted the appellant 10 days to file a reply to the respondent's objections.
Hearing
The Tribunal adjourned the proceedings scheduled for 04.09.2023 due to a Bar Council of Uttar Pradesh resolution calling for lawyers to abstain from judicial work, rescheduling the hearing to 12.10.2023.
Hearing
The Tribunal directed the appellant to rectify non-compliance with Section 43(5) of the Act 2016 by depositing the full refundable amount owed to the respondent within 10 days, failing which the appeal will be dismissed.
Compliance of section 43(5)
The Tribunal noted that objections to the delay condonation application and grounds of appeal have been filed, and scheduled the matter for a hearing on 22.08.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and directed the appellant to ensure compliance with Section 43(5) of the Act, failing which the case will be dismissed.
Defect Removal
The Tribunal directed the appellant to rectify deficiencies in compliance with Section 43(5) of the Act, specifically noting that deductions for TDS and brokerage are impermissible and requiring a proper Certificate from a Chartered Accountant. Additionally, the court granted time to both parties for filing objections and replies before the next hearing on 13.04.2023.
Tribunal Order #0901126054892022-19-03-2024
The Tribunal noted the appellant's undertaking that while the unit has been allotted to another person, no conveyance deed will be executed in favor of any fresh allottee during the pendency of the proceedings.
Tribunal Order #0901126054892022-22-08-2023
The Tribunal directed the appellant to rectify non-compliance with Section 43(5) of the Act 2016 by depositing the full refundable amount owed to the respondent within 10 days, failing which the appeal will be dismissed.
Tribunal Order #0901126054892022-13-04-2023
The Tribunal granted the respondent 10 days to file objections and directed the appellant to ensure compliance with Section 43(5) of the Act, failing which the case will be dismissed.
Tribunal Order #0901126054892022-24-03-2023
The Tribunal directed the appellant to rectify deficiencies in compliance with Section 43(5) of the Act, specifically noting that deductions for TDS and brokerage are impermissible and requiring a proper Certificate from a Chartered Accountant. Additionally, the court granted time to both parties for filing objections and replies before the next hearing on 13.04.2023.
Tribunal Order #0901126054892022-17-01-2025
The Tribunal set aside the RERA Authority's order directing possession and interest, remanding the matter back to the Authority to first adjudicate upon the validity of the unit's cancellation.
Tribunal Order #0901126054892022-23-07-2024
The Tribunal allowed the appellant's amendment application (IA No.1346/2024) regarding specific relief clauses and granted time for both parties to file objections concerning the amendment and an application against the creation of third-party rights.
Tribunal Order #0901126054892022-16-01-2024
The Tribunal directed the Registry to verify online deposits made by the appellant under Section 43(5) of the Act and granted the appellant 10 days to file a reply to the respondent's objections.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order directing possession and interest, remanding the matter back to the Authority to first adjudicate upon the validity of the unit's cancellation. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order directing possession and interest, remanding the matter back to the Authority to first adjudicate upon the validity of the unit's cancellation.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (7)
The Tribunal noted the appellant's undertaking that while the unit has been allotted to another person, no conveyance deed will be executed in favor of any fresh allottee during the pendency of the proceedings.
The Tribunal directed the appellant to rectify non-compliance with Section 43(5) of the Act 2016 by depositing the full refundable amount owed to the respondent within 10 days, failing which the appeal will be dismissed.
The Tribunal granted the respondent 10 days to file objections and directed the appellant to ensure compliance with Section 43(5) of the Act, failing which the case will be dismissed.
The Tribunal directed the appellant to rectify deficiencies in compliance with Section 43(5) of the Act, specifically noting that deductions for TDS and brokerage are impermissible and requiring a proper Certificate from a Chartered Accountant. Additionally, the court granted time to both parties for filing objections and replies before the next hearing on 13.04.2023.
The Tribunal set aside the RERA Authority's order directing possession and interest, remanding the matter back to the Authority to first adjudicate upon the validity of the unit's cancellation.
The Tribunal allowed the appellant's amendment application (IA No.1346/2024) regarding specific relief clauses and granted time for both parties to file objections concerning the amendment and an application against the creation of third-party rights.
The Tribunal directed the Registry to verify online deposits made by the appellant under Section 43(5) of the Act and granted the appellant 10 days to file a reply to the respondent's objections.
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