Appellant / Complainant
Ghanshyam Das Sharma
Respondent
Deserve Builders & Developers Ltd.
deserve builders & developers ltd.
₹7,77,000
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 0901126003592019 by Ghanshyam Das Sharma against Deserve Builders & Developers Ltd. before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appellant's appeal and upheld the Authority's order, directing the respondent to refund Rs. 5,77,000 (after deducting Rs. 2,00,000 as earnest money) along with interest at MCLR+1% p.a.
Part Heard
The Tribunal directed the summoning of lower court records as early as possible and reserved the judgment for the appeal.
For Order
The Tribunal allowed an application for the substitution of legal heirs following the death of the appellant, Ghanshyam Das Sharma, and scheduled the case for hearing on 29.03.2022.
For Order
The Tribunal directed that the application for substitution of the appellant's legal heirs be listed before Bench No. 2 on 24.03.2022 to facilitate the delivery of a previously reserved judgment.
Further Order
The Tribunal granted the appellant one week to file an application requesting that the matter be heard by the same Bench following the substitution of the deceased appellant's legal heirs.
Further Order
The Tribunal adjourned the matter to 21.01.2022 to allow for the filing of an Aadhaar card regarding a substitution application for legal heirs.
Further Order
The Tribunal directed the appellant's counsel to file an application to nullify the effect of abatement and to submit Aadhar cards for the legal heirs (Ms. Alpana Sharma and Ayush Sharma) to be kept on record.
Hearing on Appeal
The court held a hearing for the appeal and subsequently reserved the judgment for future pronouncement.
Hearing on Appeal
The Tribunal heard ex-parte arguments from the appellant's counsel and scheduled the matter for judgment on 22.03.2021.
Tribunal Order #0901126003592019-03-08-2022
The U.P. Real Estate Appellate Tribunal dismissed the appellant's appeal and upheld the Authority's order, directing the respondent to refund Rs. 5,77,000 (after deducting Rs. 2,00,000 as earnest money) along with interest at MCLR+1% p.a.
Tribunal Order #0901126003592019-29-03-2022
The Tribunal directed the summoning of lower court records as early as possible and reserved the judgment for the appeal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appellant's appeal and upheld the Authority's order, directing the respondent to refund Rs. 5,77,000 (after deducting Rs. 2,00,000 as earnest money) along with interest at MCLR+1% p.a. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appellant's appeal and upheld the Authority's order, directing the respondent to refund Rs. 5,77,000 (after deducting Rs. 2,00,000 as earnest money) along with interest at MCLR+1% p.a.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% p.a.
Interest Period
from the date of deposit till the date of refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vinay Lakhani
Respondent Advocate(s)
- Prem Chandra Chauhan
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal dismissed the appellant's appeal and upheld the Authority's order, directing the respondent to refund Rs. 5,77,000 (after deducting Rs. 2,00,000 as earnest money) along with interest at MCLR+1% p.a.
The Tribunal directed the summoning of lower court records as early as possible and reserved the judgment for the appeal.
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