Appellant / Complainant
Arihant Infra Realtors Pvt. Ltd.
Respondent
Yogesh Srivastava
arihant infra realtors pvt. ltd.
₹52,81,836
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 0901126001282019 by Arihant Infra Realtors Pvt. Ltd. against Yogesh Srivastava before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing a refund of Rs. 52,81,836 to the respondent with interest at MCLR+1%, finding that the developer failed to provide the promised park-facing view despite collecting PLC charges.
Hearing
The Tribunal heard arguments from the counsels representing both the appellant and the respondent and subsequently reserved the judgment.
Hearing
The Tribunal adjourned the appeal to 26.03.2021 because lawyers were abstaining from judicial work in support of a call by the Oudh Bar Association, and extended any existing interim orders until the next hearing.
For Order
The Tribunal notes the appellant's additional deposit of Rs. 53,73,168/-, bringing the total to Rs. 76,83,168/- for compliance with Section 43(5) of the Act, and directs the Registry to verify this compliance before the next hearing on 05.03.2021.
Hearing
The Tribunal granted the appellant a final 10-day extension to comply with Section 43(5) of the Act 2016, warning that failure to do so by the next hearing will result in the dismissal of the appeal.
Tribunal Order #0901126001282019-18-02-2021
The Tribunal notes the appellant's additional deposit of Rs. 53,73,168/-, bringing the total to Rs. 76,83,168/- for compliance with Section 43(5) of the Act, and directs the Registry to verify this compliance before the next hearing on 05.03.2021.
Tribunal Order #0901126001282019-04-02-2021
The Tribunal granted the appellant a final 10-day extension to comply with Section 43(5) of the Act 2016, warning that failure to do so by the next hearing will result in the dismissal of the appeal.
Tribunal Order #0901126001282019-23-03-2022
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing a refund of Rs. 52,81,836 to the respondent with interest at MCLR+1%, finding that the developer failed to provide the promised park-facing view despite collecting PLC charges.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing a refund of Rs. 52,81,836 to the respondent with interest at MCLR+1%, finding that the developer failed to provide the promised park-facing view despite collecting PLC charges. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing a refund of Rs. 52,81,836 to the respondent with interest at MCLR+1%, finding that the developer failed to provide the promised park-facing view despite collecting PLC charges.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% percent
Interest Period
from the date of deposit till the date refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
- Manish Singh
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (3)
The Tribunal notes the appellant's additional deposit of Rs. 53,73,168/-, bringing the total to Rs. 76,83,168/- for compliance with Section 43(5) of the Act, and directs the Registry to verify this compliance before the next hearing on 05.03.2021.
The Tribunal granted the appellant a final 10-day extension to comply with Section 43(5) of the Act 2016, warning that failure to do so by the next hearing will result in the dismissal of the appeal.
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing a refund of Rs. 52,81,836 to the respondent with interest at MCLR+1%, finding that the developer failed to provide the promised park-facing view despite collecting PLC charges.
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