Appellant / Complainant
Anshu Agrawal
Respondent
Himalaya Realstate Pvt. Ltd.
himalaya realstate 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 0901126002012019 by Anshu Agrawal against Himalaya Realstate 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 has heard the arguments from both the appellant and respondent and has reserved its judgment for a later date.
Hearing
The Tribunal has scheduled the case for orders/hearing 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-344/2019 and reserved the judgment for a later date.
Hearing
The Tribunal suggests a settlement where the appellant receives the deposited amount (minus 15% unit cost) with interest at MCLR+1% from the date of deposit, adjusting for amounts already refunded by the respondent.
Hearing
The Tribunal adjourned the matter to 05.10.2021 because no representatives from either the appellant or the respondent appeared during the hearing.
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 counsel.
Tribunal Order #0901126002012019-31-05-2023
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 #0901126002012019-05-10-2021
The Tribunal suggests a settlement where the appellant receives the deposited amount (minus 15% unit cost) with interest at MCLR+1% from the date of deposit, adjusting for amounts already refunded by the respondent.
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)
- Chander Shekhar 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 suggests a settlement where the appellant receives the deposited amount (minus 15% unit cost) with interest at MCLR+1% from the date of deposit, adjusting for amounts already refunded by the respondent.
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