Appellant / Complainant
Viraj Construction Pvt. Ltd.
Respondent
Divya Jain, Sharad Jain
viraj construction pvt. ltd.
₹38,15,824
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 0901126003952019 by Viraj Construction Pvt. Ltd. against Divya Jain, Sharad Jain before up_rera.
Hearing
The Appellate Tribunal dismissed the promoter's appeal against a refund order due to project delay and directed that the pre-deposited amount be transferred to the U.P. Real Estate Regulatory Authority for disbursement to the allottees during execution proceedings.
Hearing
The Tribunal has adjourned the hearing of Appeal-183/2019 to 05.05.2023 following a joint request from the counsels for both parties.
Hearing
The Tribunal adjourned the appeal and scheduled it for a hearing on February 9, 2023.
Further Order
The Tribunal heard arguments from the counsels of both parties and reserved the judgment for further communication.
Compliance of section 43(5)
The Tribunal granted a request from the counsels of all parties to adjourn the matter and rescheduled the appeal for hearing on 15.12.2021.
Compliance of section 43(5)
The Tribunal directed the Bank (Opposite Party No. 3) to clarify the applicable interest rates, penal interest rates, the date of NPA classification for the respondents, and the bank's policy regarding settlement waivers.
Compliance of section 43(5)
The Tribunal directed Bank of Baroda (Opposite Party No. 3) to provide specific details within three days or face adverse inferences, and ordered all counsels to submit lists of dates, events, and relied-upon judgments before the next hearing.
Hearing
The Tribunal granted the appellant 15 days to comply with Section 43(5) of the Act and directed Bank of Baroda to submit detailed loan account information, outstanding liabilities, and records of actions taken against the principal borrower.
Hearing
The Tribunal noted the respondent's request for early disposal due to accumulating interest and scheduled the matter for further arguments on 21.10.2021.
Further Order
The Tribunal allowed the appellant's application to implead Bank of Baroda as Respondent No. 3, recognizing the bank as a necessary party due to the tripartite agreement and disbursed loan amounts.
Tribunal Order #0901126003952019-05-05-2023
The Appellate Tribunal dismissed the promoter's appeal against a refund order due to project delay and directed that the pre-deposited amount be transferred to the U.P. Real Estate Regulatory Authority for disbursement to the allottees during execution proceedings.
Tribunal Order #0901126003952019-25-11-2021
The Tribunal directed the Bank (Opposite Party No. 3) to clarify the applicable interest rates, penal interest rates, the date of NPA classification for the respondents, and the bank's policy regarding settlement waivers.
Tribunal Order #0901126003952019-16-11-2021
The Tribunal directed Bank of Baroda (Opposite Party No. 3) to provide specific details within three days or face adverse inferences, and ordered all counsels to submit lists of dates, events, and relied-upon judgments before the next hearing.
Tribunal Order #0901126003952019-21-10-2021
The Tribunal granted the appellant 15 days to comply with Section 43(5) of the Act and directed Bank of Baroda to submit detailed loan account information, outstanding liabilities, and records of actions taken against the principal borrower.
Tribunal Order #0901126003952019-11-02-2021
The Tribunal allowed the appellant's application to implead Bank of Baroda as Respondent No. 3, recognizing the bank as a necessary party due to the tripartite agreement and disbursed loan amounts.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the promoter's appeal against a refund order due to project delay and directed that the pre-deposited amount be transferred to the U.P. Real Estate Regulatory Authority for disbursement to the allottees during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the promoter's appeal against a refund order due to project delay and directed that the pre-deposited amount be transferred to the U.P. Real Estate Regulatory Authority for disbursement to the allottees during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shachin Garg
- Swapnil Yadav
Respondent Advocate(s)
- Awadhesh Kumar Misra
Official RERA Tribunal Orders (5)
The Appellate Tribunal dismissed the promoter's appeal against a refund order due to project delay and directed that the pre-deposited amount be transferred to the U.P. Real Estate Regulatory Authority for disbursement to the allottees during execution proceedings.
The Tribunal directed the Bank (Opposite Party No. 3) to clarify the applicable interest rates, penal interest rates, the date of NPA classification for the respondents, and the bank's policy regarding settlement waivers.
The Tribunal directed Bank of Baroda (Opposite Party No. 3) to provide specific details within three days or face adverse inferences, and ordered all counsels to submit lists of dates, events, and relied-upon judgments before the next hearing.
The Tribunal granted the appellant 15 days to comply with Section 43(5) of the Act and directed Bank of Baroda to submit detailed loan account information, outstanding liabilities, and records of actions taken against the principal borrower.
The Tribunal allowed the appellant's application to implead Bank of Baroda as Respondent No. 3, recognizing the bank as a necessary party due to the tripartite agreement and disbursed loan amounts.
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