Appellant / Complainant
Himanshu Shekhar
Respondent
La Residentia Developers Pvt. Ltd.
la residentia developers pvt. ltd.
₹32,96,840
Respondent
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 0901126003532019 by Himanshu Shekhar against La Residentia Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeals filed by allottees, upholding the Regulatory Authority's order that directs the respondent to deliver possession and pay interest for delays, while ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements like Pre-EMI subvention schemes.
Final Hearing
The Tribunal heard arguments from both parties and reserved the judgment for a later date.
Final Hearing
The Tribunal granted an adjournment request made on behalf of the appellant's counsel due to illness and rescheduled the hearing for 18.04.2023.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on February 3, 2023.
Final Hearing
The Tribunal adjourned the appeal following a joint request from the counsels for both parties and scheduled the matter for hearing on 20.12.2022.
Final Hearing
The Tribunal adjourned the matter to 25.11.2022 for hearing after the appellant's counsel requested that a senior advocate argue the case.
Exchange of pleadings
The Tribunal granted an adjournment requested by the respondent subject to a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel inconvenience.
Exchange of pleadings
The Tribunal directed the respondent to file a copy of a relevant Supreme Court judgment concerning the builder company and scheduled the matter for further orders on 21.10.2022.
Hearing
The Tribunal directed both parties to exchange a list of dates, events, and relied-upon cases via email at least seven days before the next hearing, which is scheduled for 28.07.2022.
Hearing
The Tribunal noted that the respondent had exhausted their last opportunity to file a reply to the grounds of appeal and subsequently listed the case for hearing on 23.05.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent due to personal illness and directed the respondent to file their reply before the next hearing date of 18.04.2022.
Hearing
The Tribunal granted a 10-day extension to the respondent to file objections and directed both parties to upload their pleadings on the e-portal before the next hearing on 13.01.2022.
Hearing
The Tribunal condoned a 61-day delay in filing the appeal to allow the case to be decided on its merits and directed the respondent to file a reply.
Hearing
The Tribunal adjourned the case to 07.10.2021 and directed the applicant's counsel to appear in proper dress in future proceedings.
Delay condonation
The Tribunal granted the applicant 10 days to file a better affidavit for condonation of delay and directed the parties to exchange replies via email and upload them to the e-portal before the next hearing on 19.03.2021.
Tribunal Order #0901126003532019-29-05-2023
The Tribunal dismissed the appeals filed by allottees, upholding the Regulatory Authority's order that directs the respondent to deliver possession and pay interest for delays, while ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements like Pre-EMI subvention schemes.
Tribunal Order #0901126003532019-07-10-2021
The Tribunal condoned a 61-day delay in filing the appeal to allow the case to be decided on its merits and directed the respondent to file a reply.
Tribunal Order #0901126003532019-21-10-2022
The Tribunal granted an adjournment requested by the respondent subject to a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel inconvenience.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeals filed by allottees, upholding the Regulatory Authority's order that directs the respondent to deliver possession and pay interest for delays, while ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements like Pre-EMI subvention schemes. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeals filed by allottees, upholding the Regulatory Authority's order that directs the respondent to deliver possession and pay interest for delays, while ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements like Pre-EMI subvention schemes.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.05.2016 till the date of issuance of demand letter along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vivek Kumar Rai
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (3)
The Tribunal dismissed the appeals filed by allottees, upholding the Regulatory Authority's order that directs the respondent to deliver possession and pay interest for delays, while ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements like Pre-EMI subvention schemes.
The Tribunal condoned a 61-day delay in filing the appeal to allow the case to be decided on its merits and directed the respondent to file a reply.
The Tribunal granted an adjournment requested by the respondent subject to a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel inconvenience.
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