Appellant / Complainant
Bishnu Kumar 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 0901126002102019 by Bishnu Kumar 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 heard arguments from both the appellant and the respondent, after which the judgment was reserved.
Hearing
The Tribunal granted the appellant one week to place on record demand letters and supporting documents regarding payments made under a construction-linked plan. The matter is scheduled for hearing/orders on 04.04.2023.
Further Order
The Tribunal heard arguments from both parties regarding Appeal-370/2019 and subsequently reserved the judgment for further consideration.
Hearing
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) and proposing that any balance be settled via installments or allotment of units.
Hearing
The case was called for hearing several times, but due to the absence of both parties, the Tribunal adjourned the matter to 05.10.2021.
Further Order
The court granted an adjournment requested by the respondent's representative as the appellant was absent from the hearing.
Tribunal Order #0901126002102019-31-05-2023
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 #0901126002102019-13-03-2023
The Tribunal granted the appellant one week to place on record demand letters and supporting documents regarding payments made under a construction-linked plan. The matter is scheduled for hearing/orders on 04.04.2023.
Tribunal Order #0901126002102019-05-10-2021
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) and proposing that any balance be settled via installments or allotment of units.
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 (3)
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 granted the appellant one week to place on record demand letters and supporting documents regarding payments made under a construction-linked plan. The matter is scheduled for hearing/orders on 04.04.2023.
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the appellant receive the deposited amount plus MCLR+1% interest (minus 15% unit cost) and proposing that any balance be settled via installments or allotment of units.
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