Appellant / Complainant
Anshu Agarwal
Respondent
Himalaya Realestate Pvt. Ltd.
himalaya realestate pvt. ltd.
₹28,21,220
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 0901126000722019 by Anshu Agarwal against Himalaya Realestate Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Hearing
The Tribunal heard arguments from the representatives of both the appellant and respondent, after which the judgment was reserved.
Hearing
The Tribunal has scheduled the case for hearing/orders on 04.04.2023 and directed reference to a previous order passed in Appeal No. 370/2019.
Further Order
The Tribunal heard arguments from both parties regarding Appeal-343/2019 and reserved the judgment for further delivery.
Hearing
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting amounts already paid by the builder.
Hearing
The Tribunal adjourned the case due to the absence of both parties and rescheduled the hearing for 05.10.2021.
Further Order
The U.P. Real Estate Appellate Tribunal adjourned the appeal to 09.04.2021 following a request for adjournment from the respondent's authorized representative.
Tribunal Order #0901126000722019-31-05-2023
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Tribunal Order #0901126000722019-05-10-2021
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting amounts already paid by the builder.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from the date of deposit till the date of actual refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Bishnu Kr. Agarwal(huf)
Respondent Advocate(s)
- Chandrashekhar Azad
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting amounts already paid by the builder.
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