Appellant / Complainant
Chaitanya Shivram Shiroor
Respondent
Air Force Naval Housing Board
₹34,44,672
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 0901126002142019 by Chaitanya Shivram Shiroor against Air Force Naval Housing Board before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining balance of the appellant's deposit along with interest at the rate of MCLR+1% per annum from the date of initial deposit until full repayment.
Further Hearing
The court took the appellant's reply to the respondent's objections on record and reserved the judgment for further consideration.
Further Hearing
The U.P. Real Estate Appellate Tribunal adjourned the proceedings of Appeal-141/2019 because the appellant's counsel was unwell and rescheduled the matter for July 11, 2022.
Further Hearing
The Tribunal granted a request from the appellant's counsel for an adjournment and rescheduled the hearing to 08.07.2022.
Hearing on Appeal
The Tribunal adjourned the hearing to 06.07.2022 after the appellant's counsel was unable to produce supporting judgments and requested more time.
Hearing on Recall App
The Tribunal recalled its previous order dismissing the appeal for want of prosecution, subject to a cost of Rs. 1,000/-, and scheduled the matter for hearing on 05.07.2022.
Hearing on Recall App
The Tribunal granted the appellant a one-week extension to file a better affidavit in support of their application to recall the order dated 23.10.2021 and scheduled the next hearing for 18.05.2022.
Hearing on Recall App
The Tribunal granted the appellant 10 days to file a better affidavit in support of their application to recall the order dated 23.10.2021 and scheduled the matter for hearing on 04.05.2022.
Hearing
The Tribunal notes that the case was previously dismissed and acknowledges a pending recall application; consequently, the matter is listed before Bench No. 1 for hearing on 19.04.2022.
Hearing on Recall App
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and rescheduled the hearing for 28.03.2022.
Hearing
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant despite prior notice regarding the listing.
Hearing
The Tribunal directed the parties to appear prepared for a final hearing on 23.10.2021 and noted that no further adjournments would be granted.
Hearing
The Tribunal adjourned the matter due to the non-appearance of both parties and scheduled the appeal for further orders on 21.10.2021.
Hearing on Appeal
The Tribunal granted an adjournment requested by the appellant's counsel and directed the parties to exchange their pleadings, with the next hearing scheduled for 12.04.2021.
Further Order
The appeal is adjourned to 17.03.2021 due to a lawyer strike called by the Oudh Bar Association, with parties directed to complete their pleadings in the interim.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and rescheduled the matter for hearing on 27.02.2021.
Tribunal Order #0901126002142019-23-10-2021
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant despite prior notice regarding the listing.
Tribunal Order #0901126002142019-27-09-2022
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining balance of the appellant's deposit along with interest at the rate of MCLR+1% per annum from the date of initial deposit until full repayment.
Tribunal Order #0901126002142019-18-05-2022
The Tribunal recalled its previous order dismissing the appeal for want of prosecution, subject to a cost of Rs. 1,000/-, and scheduled the matter for hearing on 05.07.2022.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining balance of the appellant's deposit along with interest at the rate of MCLR+1% per annum from the date of initial deposit until full repayment. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining balance of the appellant's deposit along with interest at the rate of MCLR+1% per annum from the date of initial deposit until full repayment.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit till its transfer in the appellant's bank account through RTGS, and for the rest of the amount from the date of deposit till the refund of the same
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prakhar Mishra
Respondent Advocate(s)
- Kushagra Dikshit
Official RERA Tribunal Orders (3)
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant despite prior notice regarding the listing.
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining balance of the appellant's deposit along with interest at the rate of MCLR+1% per annum from the date of initial deposit until full repayment.
The Tribunal recalled its previous order dismissing the appeal for want of prosecution, subject to a cost of Rs. 1,000/-, and scheduled the matter for hearing on 05.07.2022.
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