Appellant / Complainant
Melrose Avenue Apartment Allottees Association
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Samiah International Builders Limited, Uttar Pradesh Awas Evam Vikas Parishad
samiah international builders limited
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 0901126060642022 by Melrose Avenue Apartment Allottees Association against Uttar Pradesh Real Estate Regulatory Authority, Samiah International Builders Limited, Uttar Pradesh Awas Evam Vikas Parishad before up_rera.
Further Hearing
The Appellate Tribunal set aside the Regulatory Authority's impugned order dated 11.08.2022, ruling that an executing authority cannot modify or review the original decree and must execute it as written. The matter is remanded to the Regulatory Authority to execute the original order dated 11.06.2019 (as rectified on 05.10.2020) in its entirety.
Hearing
The Tribunal granted a request from the counsels of both parties to list the appeal for a hearing on Monday, August 21, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and scheduled the appeal for a hearing on 18.08.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 10.08.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his mother's illness and rescheduled the hearing for 30.05.2023.
For Order
The Tribunal granted the appellant one week's time to file a reply against the respondent's objections and scheduled the matter for hearing on 19.04.2022.
For Order
The Tribunal granted an adjournment due to the appellant's counsel's illness and provided 10 days for the appellant to file a reply to the respondent's objections, scheduling the next hearing for 23.03.2023.
For Order
The Tribunal ruled that service of notice to Respondent No. 1 is sufficient and granted Respondents 1 and 2 ten days to file objections to the appeal, with a subsequent timeline for the appellant's reply.
For Order
The Tribunal granted the appellant's request to issue fresh notice to respondent no. 1 due to failed service and directed all parties to file objections and replies before the next hearing on 16.12.2022.
Admission
The Tribunal issued notice to the respondent regarding an appeal challenging a Regulatory Authority order passed under Section 63 and scheduled the matter for hearing on 22.11.2022.
Tribunal Order #0901126060642022-21-08-2023
The Appellate Tribunal set aside the Regulatory Authority's impugned order dated 11.08.2022, ruling that an executing authority cannot modify or review the original decree and must execute it as written. The matter is remanded to the Regulatory Authority to execute the original order dated 11.06.2019 (as rectified on 05.10.2020) in its entirety.
Tribunal Order #0901126060642022-16-12-2022
The Tribunal ruled that service of notice to Respondent No. 1 is sufficient and granted Respondents 1 and 2 ten days to file objections to the appeal, with a subsequent timeline for the appellant's reply.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's impugned order dated 11.08.2022, ruling that an executing authority cannot modify or review the original decree and must execute it as written. The matter is remanded to the Regulatory Authority to execute the original order dated 11.06.2019 (as rectified on 05.10.2020) in its entirety. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's impugned order dated 11.08.2022, ruling that an executing authority cannot modify or review the original decree and must execute it as written. The matter is remanded to the Regulatory Authority to execute the original order dated 11.06.2019 (as rectified on 05.10.2020) in its entirety.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 31.12.2011 to till the date of offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- N N Pandey
- Saurabh Misra
- Krishna Kumar Singh
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Regulatory Authority's impugned order dated 11.08.2022, ruling that an executing authority cannot modify or review the original decree and must execute it as written. The matter is remanded to the Regulatory Authority to execute the original order dated 11.06.2019 (as rectified on 05.10.2020) in its entirety.
The Tribunal ruled that service of notice to Respondent No. 1 is sufficient and granted Respondents 1 and 2 ten days to file objections to the appeal, with a subsequent timeline for the appellant's reply.
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