Appellant / Complainant
Hawelia Builders Pvt. Ltd.
Respondent
Anupam Srivastava, Sharoni Sen
hawelia builders pvt. ltd.
₹42,36,750
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 0901126004342020 by Hawelia Builders Pvt. Ltd. against Anupam Srivastava, Sharoni Sen before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to U.P. RERA for distribution to the allottees.
Part Heard
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for further delivery.
Part Heard
The Tribunal adjourned the appeal due to lack of time and scheduled it for further orders on 17.01.2023.
Part Heard
The Tribunal has scheduled the matter for its next hearing on 14.11.2022.
Part Heard
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for further arguments on 18.10.2022.
Part Heard
The Tribunal granted a joint request from the counsels of both parties to adjourn the matter and rescheduled the appeal for hearing on 14.09.2022.
Part Heard
The Tribunal adjourned the matter to 30.08.2022 for conclusion of arguments and directed both the appellant's authorized signatory and the respondent to appear in person on the next date.
Part Heard
The Tribunal ordered that the appeal be listed before Bench No. 2 for further hearing on August 17, 2022.
Final Hearing
The Tribunal noted that the case was incorrectly listed for today instead of May 6, 2022, and adjourned the matter to July 22, 2022, to allow the appellant to file documents regarding Section 43(5) compliance.
Final Hearing
The Tribunal directed the appellant to deposit the remaining balance required under Section 43(5) of the Act based on the complete Occupancy Certificate (OC) rather than the temporary OC. The parties were also ordered to exchange and submit lists of dates and relied-upon judgments.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a colleague's illness and rescheduled the final hearing for 01.02.2022.
Final Hearing
The Tribunal directed the appellant to rectify any deficiencies regarding compliance with Section 43(5) of the Act, specifically concerning the deposit of funds required up until the issuance of the Occupancy Certificate (OC).
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be converted into a regular appeal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on the application for condonation of delay on 28.10.2021.
Delay condonation
The Tribunal directed the appellant to file a reply to the respondent's objections within one week and scheduled the matter for 13.04.2021 to consider the application for condonation of delay.
For Order
The court adjourned the defective appeal due to a lawyers' strike called by the Oudh Bar Association and rescheduled the matter for 23.03.2021.
For Order
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and grounds of appeal, with subsequent timelines set for replies and filing.
Tribunal Order #0901126004342020-28-10-2021
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be converted into a regular appeal.
Tribunal Order #0901126004342020-30-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to U.P. RERA for distribution to the allottees.
Tribunal Order #0901126004342020-29-03-2022
The Tribunal directed the appellant to deposit the remaining balance required under Section 43(5) of the Act based on the complete Occupancy Certificate (OC) rather than the temporary OC. The parties were also ordered to exchange and submit lists of dates and relied-upon judgments.
Tribunal Order #0901126004342020-07-12-2021
The Tribunal directed the appellant to rectify any deficiencies regarding compliance with Section 43(5) of the Act, specifically concerning the deposit of funds required up until the issuance of the Occupancy Certificate (OC).
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to U.P. RERA for distribution to the allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to U.P. RERA for distribution to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from 29.08.2017 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yash Tandon
- Tushar Bahadur
- Anshul Gupta
Respondent Advocate(s)
- Nirmit Srivastav
Official RERA Tribunal Orders (4)
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be converted into a regular appeal.
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to U.P. RERA for distribution to the allottees.
The Tribunal directed the appellant to deposit the remaining balance required under Section 43(5) of the Act based on the complete Occupancy Certificate (OC) rather than the temporary OC. The parties were also ordered to exchange and submit lists of dates and relied-upon judgments.
The Tribunal directed the appellant to rectify any deficiencies regarding compliance with Section 43(5) of the Act, specifically concerning the deposit of funds required up until the issuance of the Occupancy Certificate (OC).
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