Appellant / Complainant
U.P. Avas Evam Vikas Parishad
Respondent
Atul Gupta
₹17,00,985
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 0901126004202019 by U.P. Avas Evam Vikas Parishad against Atul Gupta before up_rera.
Hearing
The Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to clarify that the respondent is entitled only to interest for the 34-month delay at MCLR+1% rather than a full refund of the unit cost, as possession had already been handed over.
Hearing
The court has scheduled the matter to be put up on 04.04.2024 for open court dictation.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the next hearing for April 2, 2024, noting that the appeal will be heard on the next date based on available records.
Hearing
The Tribunal allowed the appellant's application (IA No. 2667/2023) to amend the memo of appeal to include new facts regarding the execution of a sale deed and handover of possession despite a prior refund directive.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Hearing
The Tribunal granted the appellant one week to amend its pleadings and prayers to specifically challenge the Regulatory Authority's direction regarding the refund of the entire amount and interest.
Hearing
The Tribunal directed the appellant to file a reply to the respondent's objections and scheduled the appeal for a hearing on 23.08.2023.
Hearing
The Tribunal granted the respondent 10 days to file objections to the appeal and directed both parties to prepare for a final hearing on the next scheduled date of 03.08.2023.
Hearing
The Tribunal ordered the issuance of fresh notice to the respondent due to non-appearance and directed specific procedures for service of notice and filing of objections/replies.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and ordered that the appeal be heard afresh on 26.04.2023 because the previous presiding member demitted office.
Hearing
The Tribunal has scheduled the appeal for a hearing on 08.02.2023.
Further Order
The Tribunal heard arguments from the appellant regarding a contradictory refund order and reserved its judgment for a later date.
Further Order
The Tribunal directed the appellant to file an affidavit and supporting documentation within 10 days to verify claims that possession of the allotted flat has already been handed over to the respondent.
Further Order
The Tribunal directed the appellant to file a list of dates and events along with relied-upon cases and scheduled the matter for hearing on 20.04.2022.
Delay condonation
The Tribunal noted the absence of the respondent's counsel despite previous appearances and adjourned the matter to 06.01.2022 to consider the application for condonation of delay.
Hearing
The Tribunal granted a request to list the case for hearing on 21.12.2021 to consider an application for condonation of delay.
Further Order
The Tribunal directed the office to locate a missing application for condonation of delay and scheduled the matter for hearing on 09.12.2021.
Delay condonation
The Tribunal granted an adjournment requested by the counsel for the appellant due to illness and rescheduled the case for 10.11.2021.
Delay condonation
Due to the respondent's failure to appear or file objections despite being served, the Tribunal has decided to proceed ex-parte against the respondent and scheduled the matter for hearing on 07.10.2021.
Delay condonation
The Tribunal granted the respondent a one-week extension to file objections to the condonation of delay application and the grounds of appeal, with instructions for electronic service and subsequent filing requirements.
Delay condonation
The Tribunal granted the applicant two days' time to file an affidavit of service and rescheduled the case for hearing on March 18, 2021.
Tribunal Order #0901126004202019-04-04-2024
The Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to clarify that the respondent is entitled only to interest for the 34-month delay at MCLR+1% rather than a full refund of the unit cost, as possession had already been handed over.
Tribunal Order #0901126004202019-18-01-2024
The Tribunal allowed the appellant's application (IA No. 2667/2023) to amend the memo of appeal to include new facts regarding the execution of a sale deed and handover of possession despite a prior refund directive.
Tribunal Order #0901126004202019-20-04-2022
The Tribunal directed the appellant to file an affidavit and supporting documentation within 10 days to verify claims that possession of the allotted flat has already been handed over to the respondent.
Tribunal Order #0901126004202019-24-09-2021
Due to the respondent's failure to appear or file objections despite being served, the Tribunal has decided to proceed ex-parte against the respondent and scheduled the matter for hearing on 07.10.2021.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to clarify that the respondent is entitled only to interest for the 34-month delay at MCLR+1% rather than a full refund of the unit cost, as possession had already been handed over. 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, modifying the Regulatory Authority's order to clarify that the respondent is entitled only to interest for the 34-month delay at MCLR+1% rather than a full refund of the unit cost, as possession had already been handed over.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
34 months
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vijay Pratap Singh Chauhan
- Akhand Pratap Singh
Respondent Advocate(s)
- | Counsel for Appellant VIJAY PRATAP SINGH CHAUHAN AKHAND PRATAP SINGH | |
- | Counsel for Appellant VIJAY PRATAP SINGH CHAUHAN AKHAND PRATAP SINGH | |
Official RERA Tribunal Orders (4)
The Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to clarify that the respondent is entitled only to interest for the 34-month delay at MCLR+1% rather than a full refund of the unit cost, as possession had already been handed over.
The Tribunal allowed the appellant's application (IA No. 2667/2023) to amend the memo of appeal to include new facts regarding the execution of a sale deed and handover of possession despite a prior refund directive.
The Tribunal directed the appellant to file an affidavit and supporting documentation within 10 days to verify claims that possession of the allotted flat has already been handed over to the respondent.
Due to the respondent's failure to appear or file objections despite being served, the Tribunal has decided to proceed ex-parte against the respondent and scheduled the matter for hearing on 07.10.2021.
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