Appellant / Complainant
Ajay Tiwary
Respondent
Kidle Infraheights Pvt. Ltd., Ors
kidle infraheights pvt. ltd.
₹10,44,028
Appellant
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 0901126004322019 by Ajay Tiwary against Kidle Infraheights Pvt. Ltd., Ors before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount forfeited beyond the 10% earnest money stipulated in the agreement, along with interest at MCLR+1%.
For Order
The Tribunal declined the respondent's request for time to file a recall application due to their perceived non-seriousness and delay tactics, opting instead to proceed with hearing the appellant's counsel.
Hearing
The Tribunal directed that the appeal shall proceed ex-parte against the respondent due to their failure to seek instructions or appear despite being notified of previous orders.
Tribunal Order #0901126004322019-28-09-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount forfeited beyond the 10% earnest money stipulated in the agreement, along with interest at MCLR+1%.
Tribunal Order #0901126004322019-05-09-2022
The Tribunal declined the respondent's request for time to file a recall application due to their perceived non-seriousness and delay tactics, opting instead to proceed with hearing the appellant's counsel.
Tribunal Order #0901126004322019-17-08-2022
The Tribunal directed that the appeal shall proceed ex-parte against the respondent due to their failure to seek instructions or appear despite being notified of previous orders.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount forfeited beyond the 10% earnest money stipulated in the agreement, along with interest at MCLR+1%. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount forfeited beyond the 10% earnest money stipulated in the agreement, along with interest at MCLR+1%.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the period it remained with the respondent till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhinav Sharma
Respondent Advocate(s)
- Anurag Arora
- Sunendra Kumar
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the excess amount forfeited beyond the 10% earnest money stipulated in the agreement, along with interest at MCLR+1%.
The Tribunal declined the respondent's request for time to file a recall application due to their perceived non-seriousness and delay tactics, opting instead to proceed with hearing the appellant's counsel.
The Tribunal directed that the appeal shall proceed ex-parte against the respondent due to their failure to seek instructions or appear despite being notified of previous orders.
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