Appellant / Complainant
Rishabh Buildwell Pvt. Ltd.
Respondent
Kapil Chawla
rishabh buildwell pvt. ltd.
₹10,60,000
Respondent
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 0901126058182022 by Rishabh Buildwell Pvt. Ltd. against Kapil Chawla before up_rera.
For Order
The Tribunal dismissed the promoter's appeal, ruling that an offer of possession issued before obtaining a Completion/Occupancy Certificate is invalid and does not permit the forfeiture of earnest money during a refund.
For Order
The Tribunal granted a joint request from the counsel for both parties to adjourn the rehearing of the appeal to 28.01.2025.
Hearing
The Tribunal allowed the applicant's application for condonation of delay regarding the eight-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The Tribunal has adjourned the matter to 02.08.2024 for hearing upon the joint request of the counsel for both parties.
Hearing
The Tribunal noted the absence of both parties and scheduled the appeal for a hearing on 04.07.2024 following the exchange of pleadings.
Hearing
The Tribunal has listed the defective appeal for consideration of a condonation of delay application and hearing on 06.05.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the hearing for the defective appeal and application for condonation of delay on 04.04.2024.
Hearing
The Tribunal noted the absence of counsel for both parties and rescheduled the matter for hearing/orders on March 1, 2024.
Delay condonation
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for July 26, 2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and the grounds of appeal, with the matter scheduled for hearing on 15.05.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the applicant's reply. The matter is scheduled for hearing on 03.04.2023.
Defect Removal
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and outlined the procedural steps for service of notice and filing of objections.
Delay condonation
The Tribunal directed the Registry to communicate existing defects in the appeal to the applicant and ordered that these defects be rectified within one week of receipt, with the matter listed for hearing on 14.12.2022.
Tribunal Order #0901126058182022-28-01-2025
The Tribunal dismissed the promoter's appeal, ruling that an offer of possession issued before obtaining a Completion/Occupancy Certificate is invalid and does not permit the forfeiture of earnest money during a refund.
Tribunal Order #0901126058182022-04-09-2024
The Tribunal allowed the applicant's application for condonation of delay regarding the eight-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the promoter's appeal, ruling that an offer of possession issued before obtaining a Completion/Occupancy Certificate is invalid and does not permit the forfeiture of earnest money during a refund. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the promoter's appeal, ruling that an offer of possession issued before obtaining a Completion/Occupancy Certificate is invalid and does not permit the forfeiture of earnest money during a refund.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Raj Singh
Respondent Advocate(s)
- Vibhanshu Srivastava
- Shishir Yadav
Official RERA Tribunal Orders (2)
The Tribunal dismissed the promoter's appeal, ruling that an offer of possession issued before obtaining a Completion/Occupancy Certificate is invalid and does not permit the forfeiture of earnest money during a refund.
The Tribunal allowed the applicant's application for condonation of delay regarding the eight-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Need to research all rulings for rishabh buildwell pvt. ltd.?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.