Appellant / Complainant
Shyamchand De
Respondent
Anil Jain, Shoumya Shubham Infrastructure Pvt. Ltd.
shoumya shubham infrastructure pvt. ltd.
₹26,06,175
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 0901126003442019 by Shyamchand De against Anil Jain, Shoumya Shubham Infrastructure Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount of Rs. 6,87,175/- to the appellant along with interest at the rate of MCLR + 1% from the date of deposit until actual payment.
Final Hearing
The appellant is challenging the Regulatory Authority's rejection of their complaint, seeking a refund of the excess amount (Rs. 6,87,175/-) paid toward an original flat that was not delivered, following a settlement where a substituted property was provided at a lower value.
Final Hearing
The matter was heard regarding disputes over area size and registration charges, and the court adjourned the case to 04.11.2022.
Final Hearing
The Tribunal noted the unavailability of the online portal due to network issues and adjourned the matter to 18.10.2022 for hearing, directing both counsels to appear.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for September 16, 2022.
Final Hearing
The Tribunal noted the parties' conflicting arguments regarding a prior compromise and granted the respondent time to file a list of dates and events, adjourning the matter to 22.08.2022.
Final Hearing
The Tribunal directed the appellant to deposit required stamp duty and misc. charges within 15 days, while ordering the respondent to execute the sale deed for the unit in question by 30.06.2022, subject to penalties for non-compliance.
Final Hearing
The Tribunal directed the respondent to allocate parking space at no extra cost and ordered that upon the appellant depositing the required stamp duty and miscellaneous charges, the respondent must execute the sale deed for the flat within 45 days.
Final Hearing
The Tribunal allowed an adjournment application filed by the respondent's counsel and rescheduled the hearing for April 21, 2022.
Final Hearing
The Tribunal allowed the appellant's application to amend the memo of appeal to include an undertaking made before the SSP, Noida, and to add a prayer for setting aside the RERA Authority order dated 16.08.2019.
Final Hearing
The Tribunal granted the appellant time to file a reply to the respondent's objections and noted an amendment application seeking to set aside the impugned RERA order; the matter is listed for hearing on 04.01.2022.
Final Hearing
The Tribunal granted a final one-week extension to the respondent for filing objections to the grounds of appeal and directed the parties to exchange pleadings via email and upload them to the e-portal.
Hearing
The Tribunal granted the respondent a two-week extension to file objections to the appeal and directed the parties to exchange replies via email before the next hearing on 24.11.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal unavoidable circumstances and rescheduled the hearing for 27.10.2021.
Hearing on Appeal
The Tribunal granted the respondent two weeks to file objections and Vakalatnama, with a subsequent one-week deadline for the appellant to file a reply, and scheduled the next hearing for 13.04.2021.
For Order
The Tribunal granted the respondent a final two-week extension to file objections to the grounds of appeal and directed the registry to convert the matter into a Regular Appeal.
For Order
The Tribunal condoned a two-day delay in filing the appeal and converted the miscellaneous case into a regular appeal, directing the issuance of notice to the respondent.
Tribunal Order #0901126003442019-31-05-2023
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount of Rs. 6,87,175/- to the appellant along with interest at the rate of MCLR + 1% from the date of deposit until actual payment.
Tribunal Order #0901126003442019-19-11-2022
The appellant is challenging the Regulatory Authority's rejection of their complaint, seeking a refund of the excess amount (Rs. 6,87,175/-) paid toward an original flat that was not delivered, following a settlement where a substituted property was provided at a lower value.
Tribunal Order #0901126003442019-04-01-2022
The Tribunal allowed the appellant's application to amend the memo of appeal to include an undertaking made before the SSP, Noida, and to add a prayer for setting aside the RERA Authority order dated 16.08.2019.
Tribunal Order #0901126003442019-29-01-2021
The Tribunal condoned a two-day delay in filing the appeal and converted the miscellaneous case into a regular appeal, directing the issuance of notice to the respondent.
Tribunal Order #0901126003442019-31-05-2022
The Tribunal directed the appellant to deposit required stamp duty and misc. charges within 15 days, while ordering the respondent to execute the sale deed for the unit in question by 30.06.2022, subject to penalties for non-compliance.
Tribunal Order #0901126003442019-21-04-2022
The Tribunal directed the respondent to allocate parking space at no extra cost and ordered that upon the appellant depositing the required stamp duty and miscellaneous charges, the respondent must execute the sale deed for the flat within 45 days.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount of Rs. 6,87,175/- to the appellant along with interest at the rate of MCLR + 1% from the date of deposit until actual payment. 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 and directed the respondent to refund the excess amount of Rs. 6,87,175/- to the appellant along with interest at the rate of MCLR + 1% from the date of deposit until actual payment.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till the date actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Madhukar Ojha
Respondent Advocate(s)
- Swetank Sharma
Official RERA Tribunal Orders (6)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount of Rs. 6,87,175/- to the appellant along with interest at the rate of MCLR + 1% from the date of deposit until actual payment.
The appellant is challenging the Regulatory Authority's rejection of their complaint, seeking a refund of the excess amount (Rs. 6,87,175/-) paid toward an original flat that was not delivered, following a settlement where a substituted property was provided at a lower value.
The Tribunal allowed the appellant's application to amend the memo of appeal to include an undertaking made before the SSP, Noida, and to add a prayer for setting aside the RERA Authority order dated 16.08.2019.
The Tribunal condoned a two-day delay in filing the appeal and converted the miscellaneous case into a regular appeal, directing the issuance of notice to the respondent.
The Tribunal directed the appellant to deposit required stamp duty and misc. charges within 15 days, while ordering the respondent to execute the sale deed for the unit in question by 30.06.2022, subject to penalties for non-compliance.
The Tribunal directed the respondent to allocate parking space at no extra cost and ordered that upon the appellant depositing the required stamp duty and miscellaneous charges, the respondent must execute the sale deed for the flat within 45 days.
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