Appellant / Complainant
Rajesh Jain
Respondent
Hi-View Construction Pvt. Limited, Uttar Pradesh Real Estate Regulatory Authority
hi-view construction pvt. limited
₹13,52,000
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 0901126005012021 by Rajesh Jain against Hi-View Construction Pvt. Limited, Uttar Pradesh Real Estate Regulatory Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 2 to refund the appellant's deposit of Rs. 13,52,000 along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Final Hearing
The court heard arguments from both parties regarding Appeal-79/2021 and reserved the judgment for a later date.
Final Hearing
The Tribunal granted the appellant 24 hours to file a physical copy of an affidavit previously uploaded online and scheduled the matter for orders on 29.09.2022.
Final Hearing
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant and no request for adjournment.
Final Hearing
The Tribunal granted a request for adjournment made by the counsel for the appellant and rescheduled the hearing to 08.08.2022.
Final Hearing
The Tribunal directed the appellant to peruse documents filed by the respondent and submit a rebuttal, subsequently scheduling the appeal for final hearing on 25.07.2022.
Final Hearing
The Tribunal granted a short adjournment due to the absence of the appellant's counsel and directed the respondent to file an affidavit within 10 days, listing the matter for hearing on 16.05.2022.
Final Hearing
The Tribunal noted the filing of documents by the respondent's counsel and scheduled the matter for a hearing on 12.04.2022.
Final Hearing
The Tribunal directed the respondent's authorized representative to upload and file physical copies of documents pursuant to a previous order and scheduled the appeal for hearing on 11.01.2022.
Final Hearing
The Tribunal granted the respondent 10 days to file documents regarding payments, defaults, and possession offers, and scheduled the next hearing for December 21, 2021.
Final Hearing
The Tribunal has rescheduled the appeal for a final hearing on 08.12.2021 following a joint request from the counsels of both parties.
Final Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-79/2021 to 29.11.2021.
Hearing
Upon the joint request of the counsels for both parties, the tribunal has rescheduled the hearing of the appeal to 15.11.2021.
Hearing
The Tribunal has adjourned the appeal to 28.10.2021 following a request from the respondent's counsel.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for October 21, 2021.
For Order
The Tribunal directed the respondent to provide complete documents annexed with their objections within three days and ordered the appellant to file a reply via email within two weeks.
For Order
The Tribunal directed the respondent to provide a complete copy of its objections to the appellant and ordered both parties to file their respective replies/objections via the e-portal before the next hearing on 16.03.2021.
Hearing on Appeal
The Tribunal converted the defective appeal into a regular appeal after verifying the removal of defects and issued notices to respondent no.1, while granting respondent no.2 two weeks to file objections.
Tribunal Order #0901126005012021-21-10-2022
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 2 to refund the appellant's deposit of Rs. 13,52,000 along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Tribunal Order #0901126005012021-28-01-2021
The Tribunal converted the defective appeal into a regular appeal after verifying the removal of defects and issued notices to respondent no.1, while granting respondent no.2 two weeks to file objections.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 2 to refund the appellant's deposit of Rs. 13,52,000 along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 2 to refund the appellant's deposit of Rs. 13,52,000 along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit till the refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saghar Mehdi
Respondent Advocate(s)
- Puneet B Bisaria
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 2 to refund the appellant's deposit of Rs. 13,52,000 along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
The Tribunal converted the defective appeal into a regular appeal after verifying the removal of defects and issued notices to respondent no.1, while granting respondent no.2 two weeks to file objections.
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