Appellant / Complainant
Bishnu Kumar Agarwal HUF
Respondent
Himalaya Realestate Pvt. Ltd.
himalaya realestate 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 0901126002302019 by Bishnu Kumar Agarwal HUF against Himalaya Realestate 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.
Hearing
The Tribunal heard arguments from both the appellant and respondent, but the judgment has been reserved for a later date.
Hearing
The Tribunal has scheduled the case for hearing/orders 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-340/2019 and reserved the judgment for a later date.
Hearing
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previously paid amounts and proposing payment via installments or unit allotment.
Hearing
The Tribunal adjourned the case due to the absence of both parties and rescheduled the hearing for October 5, 2021.
Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing for April 9, 2021.
Tribunal Order #0901126002302019-31-05-2023
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.
Tribunal Order #0901126002302019-05-10-2021
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previously paid amounts and proposing payment via installments or unit allotment.
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. 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.
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
Respondent Advocate(s)
- Chandrashekhar 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.
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previously paid amounts and proposing payment via installments or unit allotment.
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