Appellant / Complainant
Shyam Sundar Agrawal, Tripti Agrawal
Respondent
Antriksh Developers and Promoters Pvt Ltd
antriksh developers and promoters pvt ltd
₹23,62,242
Partial
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 0901126004182020 by Shyam Sundar Agrawal, Tripti Agrawal against Antriksh Developers and Promoters Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, directing the respondent to pay delay interest at a rate of MCLR+1% from December 2012 until May 2017 and setting aside an unjustified demand letter issued by the developer.
Final Hearing
The Tribunal permitted appellant no. 2 to withdraw the appeal with liberty to file a fresh one and rejected the respondent's late adjournment request, proceeding to hear the appellant in person and reserving judgment.
Final Hearing
The Tribunal ruled that a single appeal filed by two distinct complainants against a composite order is not maintainable under Section 43(5) of the Act, directing the appellant to withdraw the current appeal on behalf of Tripti Agarwal and file an independent appeal for her.
Final Hearing
The Tribunal noted the failure of settlement efforts and adjourned the matter to 09.04.2024 for a hearing following the Holi holidays.
Final Hearing
The Tribunal granted an adjournment to allow the parties time to attempt a resolution of the dispute and scheduled the next hearing for March 18, 2024.
Final Hearing
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and scheduled the appeal for a hearing on 27.02.2024.
Final Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a scheduling conflict and scheduled the hearing for July 26, 2023.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to an urgent matter at the High Court and rescheduled the hearing for 07.04.2023.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 24.01.2023.
Final Hearing
The Tribunal adjourned the proceeding due to the personal difficulty of the appellant's counsel and rescheduled the hearing for December 16, 2022.
Final Hearing
Upon the joint request of the counsels for both parties, the tribunal adjourned the appeal to be listed for hearing on 22.11.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for 17.10.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 16.09.2022.
Final Hearing
The Tribunal noted that pleadings have been exchanged and the appeal is ripe for hearing; consequently, the matter is scheduled for a hearing on 22.08.2022.
Final Hearing
The Tribunal granted the appellant permission to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 26.07.2022.
Final Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the appeal for hearing on 18.05.2022 regarding an interim application for the execution of a sale deed.
Final Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the appeal, noting that failure to do so by the next hearing will result in the forfeiture of their right to file a reply.
Final Hearing
The Tribunal granted a final 10-day extension to the respondent for filing objections and directed both parties to upload documents to the e-portal and file originals with the Registry before the next hearing.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a personal emergency and rescheduled the hearing for 24.12.2021.
Hearing
The Tribunal granted the respondent additional time to file objections to the memo of appeal and directed both parties to upload their pleadings on the e-portal before the next hearing on 08.12.2021.
Hearing
The Tribunal granted the respondent a two-week extension to file objections to the grounds of appeal and directed both parties to upload their pleadings to the e-portal.
Hearing
The Tribunal granted the respondent one week to file written objections/statements and directed both parties to upload their pleadings on the e-portal before the next hearing on 27.10.2021.
For Order
Upon the request of the appellant's counsel, the tribunal has ordered the appeal to be listed for hearing on 24.09.2021.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-824/2020 to April 1, 2021.
For Order
The Tribunal granted an adjournment to allow the appellant's counsel to file a vakalatnama and directed both parties to complete their pleadings before the next hearing on 12.03.2021.
Further Consideration
The Tribunal granted the respondent a final two-week extension to file objections to the grounds of appeal and directed the parties to upload their filings on the e-portal.
Tribunal Order #0901126004182020-13-05-2024
The Tribunal partially allowed the appeal, directing the respondent to pay delay interest at a rate of MCLR+1% from December 2012 until May 2017 and setting aside an unjustified demand letter issued by the developer.
Tribunal Order #0901126004182020-09-04-2024
The Tribunal ruled that a single appeal filed by two distinct complainants against a composite order is not maintainable under Section 43(5) of the Act, directing the appellant to withdraw the current appeal on behalf of Tripti Agarwal and file an independent appeal for her.
Tribunal Order #0901126004182020-13-04-2022
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the appeal for hearing on 18.05.2022 regarding an interim application for the execution of a sale deed.
Tribunal Order #0901126004182020-22-02-2022
The Tribunal granted the respondent a final opportunity to file a reply to the appeal, noting that failure to do so by the next hearing will result in the forfeiture of their right to file a reply.
Tribunal Order #0901126004182020-24-12-2021
The Tribunal granted a final 10-day extension to the respondent for filing objections and directed both parties to upload documents to the e-portal and file originals with the Registry before the next hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, directing the respondent to pay delay interest at a rate of MCLR+1% from December 2012 until May 2017 and setting aside an unjustified demand letter issued by the developer. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, directing the respondent to pay delay interest at a rate of MCLR+1% from December 2012 until May 2017 and setting aside an unjustified demand letter issued by the developer.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from December 2012 till 22.05.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- V. K. S. Bisen
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (5)
The Tribunal partially allowed the appeal, directing the respondent to pay delay interest at a rate of MCLR+1% from December 2012 until May 2017 and setting aside an unjustified demand letter issued by the developer.
The Tribunal ruled that a single appeal filed by two distinct complainants against a composite order is not maintainable under Section 43(5) of the Act, directing the appellant to withdraw the current appeal on behalf of Tripti Agarwal and file an independent appeal for her.
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the appeal for hearing on 18.05.2022 regarding an interim application for the execution of a sale deed.
The Tribunal granted the respondent a final opportunity to file a reply to the appeal, noting that failure to do so by the next hearing will result in the forfeiture of their right to file a reply.
The Tribunal granted a final 10-day extension to the respondent for filing objections and directed both parties to upload documents to the e-portal and file originals with the Registry before the next hearing.
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