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 0901126000752019 by Anshu Agarwal against Himalaya Realestate Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The 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% per annum from the date of each deposit.
Hearing
The Tribunal heard arguments from the representatives of both parties and reserved the judgment for a later date.
Hearing
The Tribunal has scheduled the case for orders/hearing on 04.04.2023 and referred to a previous order passed in Appeal No. 370/2019.
Further Order
The Tribunal heard arguments from both parties regarding Appeal-345/2019 and reserved the judgment for further consideration.
Hearing
The Tribunal addressed a dispute regarding the calculation of interest on refunds, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) after accounting for previous payments made by the builder.
Hearing
The Tribunal adjourned the matter to 05.10.2021 because no representatives appeared for either party despite multiple calls.
Further Order
The Tribunal granted an adjournment requested by the respondent's representative and rescheduled the hearing for April 9, 2021.
Tribunal Order #0901126000752019-31-05-2023
The 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% per annum from the date of each deposit.
Tribunal Order #0901126000752019-05-10-2021
The Tribunal addressed a dispute regarding the calculation of interest on refunds, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) after accounting for previous payments made by the builder.
Tribunal Disposal & Final Award Ruling
The 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% per annum 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 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% per annum 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 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% per annum from the date of each deposit.
The Tribunal addressed a dispute regarding the calculation of interest on refunds, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) after accounting for previous payments made by the builder.
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