Appellant / Complainant
Arvind Kumar Gautam
Respondent
U.P. Real Estate Regulatory Authority, Anr
₹10,00,000
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 0901126001392020 by Arvind Kumar Gautam against U.P. Real Estate Regulatory Authority, Anr before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to adjust previously paid 'assured returns' against the refund amount, ruling that such commercial arrangements are independent of delay interest under the RERA Act.
Further Hearing
The court heard arguments from the counsel for both parties and reserved the judgment for a later date.
Final Hearing
The Tribunal has adjourned the appeal for further hearing and scheduled the next listing for November 11, 2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to their absence and rescheduled the hearing for November 9, 2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his father's illness.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 08.09.2022 following the exchange of pleadings.
Final Hearing
The Tribunal granted a request from the counsels of both parties to reschedule the hearing of Appeal-509/2020 to 22.08.2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for hearing on 18.08.2022.
Final Hearing
The Tribunal directed the respondent to file a list of dates and events along with relied-upon judgments within 20 days and scheduled the appeal for hearing on 27.07.2022.
Final Hearing
The Tribunal directed the Respondent to file a copy of the agreement with M/s. AVJ Towers Pvt. Ltd. and ordered both parties to submit concise written arguments and supporting judgments within 20 days.
Final Hearing
The Tribunal adjourned the case to 13.04.2022 for hearing because no one appeared on behalf of the respondent.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his son's illness and rescheduled the hearing for January 12, 2022.
Final Hearing
The Tribunal granted the appellant's counsel one week to prepare his brief and rescheduled the hearing for December 24, 2021.
Hearing
The Tribunal allowed the appellant's application to amend the prayer clause to correct a clerical error and scheduled the appeal for final hearing on 08.12.2021.
Hearing
The Tribunal granted the appellant one week to file an application for amending the prayer clause and rescheduled the hearing to 18.11.2021.
Hearing
The appeal is adjourned because advocates are abstaining from judicial work due to a call by the Bar Council of U.P., with the matter rescheduled for final hearing on 27.10.2021.
Hearing
The Tribunal granted a joint request from the parties to reschedule the hearing of the appeal to 19.10.2021 and directed the exchange of pleadings in the interim.
Hearing
The Tribunal granted an adjournment of the appeal upon the request of the appellant's counsel and rescheduled the matter for hearing on 01.10.2021.
For Order
Upon the joint request of the counsel for both parties, the Tribunal has scheduled the appeal for a final hearing on April 5, 2021.
For Order
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objection, subject to a cost of Rs. 1000/- to be utilized for the Tribunal's library.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to being out of station and directed that the reply to the respondent's objections be filed via e-mail and uploaded to the e-portal within a week.
Tribunal Order #0901126001392020-29-05-2023
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to adjust previously paid 'assured returns' against the refund amount, ruling that such commercial arrangements are independent of delay interest under the RERA Act.
Tribunal Order #0901126001392020-18-11-2021
The Tribunal allowed the appellant's application to amend the prayer clause to correct a clerical error and scheduled the appeal for final hearing on 08.12.2021.
Tribunal Order #0901126001392020-13-04-2022
The Tribunal directed the Respondent to file a copy of the agreement with M/s. AVJ Towers Pvt. Ltd. and ordered both parties to submit concise written arguments and supporting judgments within 20 days.
Tribunal Order #0901126001392020-22-02-2021
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objection, subject to a cost of Rs. 1000/- to be utilized for the Tribunal's library.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to adjust previously paid 'assured returns' against the refund amount, ruling that such commercial arrangements are independent of delay interest under the RERA Act. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to adjust previously paid 'assured returns' against the refund amount, ruling that such commercial arrangements are independent of delay interest under the RERA Act.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 09.09.2016 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
Respondent Advocate(s)
- V. K. S. Bisen
Official RERA Tribunal Orders (4)
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to adjust previously paid 'assured returns' against the refund amount, ruling that such commercial arrangements are independent of delay interest under the RERA Act.
The Tribunal allowed the appellant's application to amend the prayer clause to correct a clerical error and scheduled the appeal for final hearing on 08.12.2021.
The Tribunal directed the Respondent to file a copy of the agreement with M/s. AVJ Towers Pvt. Ltd. and ordered both parties to submit concise written arguments and supporting judgments within 20 days.
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objection, subject to a cost of Rs. 1000/- to be utilized for the Tribunal's library.
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