Appellant / Complainant
Neeraj Jain
Respondent
Uppal Chadha Hitech Developers Pvt. Ltd.
uppal chadha hitech developers pvt. ltd.
₹18,17,920
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 0901126002982019 by Neeraj Jain against Uppal Chadha Hitech Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order for a refund because it granted relief beyond the specific prayers made by the appellant, and remanded the matter to the Regulatory Authority for a fresh decision on the actual prayer of possession.
Re-Hearing
The Tribunal heard arguments from both parties and reserved the judgment for further delivery.
Re-Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and rescheduled the hearing for 12.07.2022, noting that no further adjournments will be permitted on that date.
Hearing
The court adjourned the appeal to 08.07.2022 because the appellant's counsel was absent due to a Bar Council strike and the matter required re-hearing following the retirement of a Bench member.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for hearing on 20.05.2022.
Hearing
The Tribunal has reserved its judgment in Appeal-363/2019 following the appearance of counsel for both the appellant and the respondent.
Hearing on Appeal
The Tribunal adjourned the matter to 21.10.2021 due to the COVID-19 lockdown lifting and issued a warning that the case may be heard ex-parte if the respondent fails to appear on the next date.
Hearing
The Tribunal issued a show cause notice to the respondent's counsel for non-appearance, warning that failure to explain the absence may result in a referral to the U.P. Bar Council for professional misconduct.
Hearing
The Tribunal adjourned the matter due to the absence of the respondent's counsel and rescheduled the appeal for final hearing on 18.03.2021.
Hearing
The appeal is adjourned because lawyers are abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for 08.03.2021.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to injury and rescheduled the hearing for 24.02.2021.
For Order
The Tribunal granted the appellant three days to file a reply to the respondent's objections and scheduled the next hearing for February 11, 2021.
Tribunal Order #0901126002982019-18-07-2022
The Tribunal set aside the Regulatory Authority's order for a refund because it granted relief beyond the specific prayers made by the appellant, and remanded the matter to the Regulatory Authority for a fresh decision on the actual prayer of possession.
Tribunal Order #0901126002982019-18-03-2021
The Tribunal issued a show cause notice to the respondent's counsel for non-appearance, warning that failure to explain the absence may result in a referral to the U.P. Bar Council for professional misconduct.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order for a refund because it granted relief beyond the specific prayers made by the appellant, and remanded the matter to the Regulatory Authority for a fresh decision on the actual prayer of possession. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order for a refund because it granted relief beyond the specific prayers made by the appellant, and remanded the matter to the Regulatory Authority for a fresh decision on the actual prayer of possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saghar Mehdi
Respondent Advocate(s)
- Bal Kishor Verma
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order for a refund because it granted relief beyond the specific prayers made by the appellant, and remanded the matter to the Regulatory Authority for a fresh decision on the actual prayer of possession.
The Tribunal issued a show cause notice to the respondent's counsel for non-appearance, warning that failure to explain the absence may result in a referral to the U.P. Bar Council for professional misconduct.
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