Appellant / Complainant
Kn Gupta
Respondent
Suncity Hi Tech Infrastructures Pvt. Ltd.
suncity hi tech infrastructures pvt. ltd.
₹1,65,000
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 0901126003852019 by Kn Gupta against Suncity Hi Tech Infrastructures Pvt. Ltd. before up_rera.
Hearing
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under Section 2(d) of the Act 2016 because no formal allotment was ever made; however, it upheld the Regulatory Authority's direction for the respondent to refund the deposited amount with interest.
Hearing
The Tribunal granted the respondent 10 days to ensure compliance with a previous order dated 09.09.2021 and scheduled the appeal for hearing on 26.11.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for hearing on 09.11.2021, directing parties to file a list of dates and events in advance.
Hearing
The Tribunal questioned the respondent regarding why possession was not granted despite the receipt of an Occupancy Certificate (O.C.) on 18.07.2018 and scheduled the matter for further hearing.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on April 2, 2021.
Tribunal Order #0901126003852019-10-12-2021
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under Section 2(d) of the Act 2016 because no formal allotment was ever made; however, it upheld the Regulatory Authority's direction for the respondent to refund the deposited amount with interest.
Tribunal Order #0901126003852019-09-09-2021
The Tribunal questioned the respondent regarding why possession was not granted despite the receipt of an Occupancy Certificate (O.C.) on 18.07.2018 and scheduled the matter for further hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under Section 2(d) of the Act 2016 because no formal allotment was ever made; however, it upheld the Regulatory Authority's direction for the respondent to refund the deposited amount with interest. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under Section 2(d) of the Act 2016 because no formal allotment was ever made; however, it upheld the Regulatory Authority's direction for the respondent to refund the deposited amount with interest.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
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)
- Shobhit Nigam
- Shuchita Singh
Respondent Advocate(s)
- Dilip Singh
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeal, ruling that the appellant does not qualify as an 'allottee' under Section 2(d) of the Act 2016 because no formal allotment was ever made; however, it upheld the Regulatory Authority's direction for the respondent to refund the deposited amount with interest.
The Tribunal questioned the respondent regarding why possession was not granted despite the receipt of an Occupancy Certificate (O.C.) on 18.07.2018 and scheduled the matter for further hearing.
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