Appellant / Complainant
Sushma Tripathi
Respondent
Divya Green City, Eureka Builders Pvt. Ltd.
eureka builders pvt. ltd.
₹35,000
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 0901126007122020 by Sushma Tripathi against Divya Green City, Eureka Builders Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the previous order and ruled that the respondent promoter engaged in fraudulent misrepresentation by falsely claiming their private project was a government scheme; consequently, the respondent is directed to refund the full booking amount with interest and pay litigation costs.
Hearing
The Tribunal granted the respondent a final 10-day extension to file objections, noting that the appeal will proceed ex-parte if they fail to do so, and scheduled the next hearing for 11.12.2025.
Hearing
The Tribunal granted the respondent ten days to file objections and scheduled the next hearing for November 21, 2025.
Notice
The Tribunal noted sufficient service of notice upon the respondent and directed them to file objections within 10 days, with the matter listed for hearing on 05.11.2025.
Hearing
The Tribunal issued fresh notice to the respondent and outlined the procedural timeline for service of notice, filing of objections, and replies, scheduling the matter for orders on 08.10.2025.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing on 11.09.2025.
Hearing
The Tribunal granted the appellant seven days to file the postal department's tracking record regarding the service of notice to the respondent and scheduled the next hearing for 26.08.2025.
Hearing
The Tribunal allowed the appellant's application to amend the addresses of respondents No. 1 and 2 and directed the issuance of fresh notices for the next hearing on 06.08.2025.
Hearing
The Tribunal restored the appeal following a previous dismissal for non-prosecution and directed the issuance of notice to the respondent, returnable on 16.07.2025.
Hearing
The appeal was dismissed due to the non-appearance of the appellant's counsel to press the matter.
Hearing
The Tribunal noted that the matter has proceeded ex parte against the respondent and granted a final opportunity to the parties by listing the case for orders/hearing on 18.10.2024.
Hearing on Appeal
The Tribunal has rescheduled the matter for orders or hearing on 09.09.2024 due to the absence of both parties during the hearing on 05.08.2024.
Hearing on Appeal
The Tribunal granted the appellant's counsel one week to prepare his brief and scheduled the appeal for hearing on 05.07.2024.
Hearing on Appeal
The Tribunal noted that the matter had previously proceeded ex-parte against the respondent and scheduled the case for an ex-parte hearing on 14.05.2024 following its restoration.
Hearing
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant's representative.
Hearing
The Tribunal notes that the previous presiding member has demitted office and orders the appeal to be listed for an ex-parte hearing against the respondent on 05.07.2023.
Ex-Parte
The Tribunal heard arguments from the appellant's counsel and reserved the judgment for a later date.
Ex-Parte
The Tribunal adjourned the appeal and scheduled it for an ex-parte hearing on 26.09.2022 due to the absence of the Respondent.
Further Order
The Tribunal declined a request for a three-month adjournment and instead listed the appeal for an ex-parte hearing on 26.08.2022.
Further Order
The Tribunal directed the appellant to file concise written arguments and cited judgments, and scheduled the matter for an ex-parte hearing on 15.07.2022.
Further Order
The Tribunal granted the respondent a final 10-day window to file objections, warning that failure to do so will result in the matter proceeding ex-parte.
Further Order
The Tribunal noted the non-appearance of the respondent despite service of notice and proceeded ex-parte, scheduling the case for hearing on 26.04.2022.
Further Order
The Tribunal closed the respondent's opportunity to file a reply to the grounds of appeal due to failure to do so despite several opportunities, and scheduled the case for further orders on 04.02.2022.
Further Order
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal via email and adjourned the matter to 10.01.2022.
Delay condonation
The Tribunal condoned an 82-day delay in filing the appeal, citing the COVID-19 pandemic and Supreme Court relaxations, and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The Tribunal granted the appellant 10 days to file a better affidavit regarding the application for condonation of delay and rescheduled the hearing for 15.11.2021.
For Order
The Tribunal noted the applicant's failure to serve notice to the respondent and directed that notice be issued via registered post and email within 10 days, scheduling the matter for a hearing on the limitation application on 16.04.2021.
For Order
The Tribunal granted the appellant one week to take steps for service to the respondent and directed the exchange of documents regarding the application for condonation of delay via email and the e-portal.
Tribunal Order #0901126007122020-08-01-2026
The Tribunal set aside the previous order and ruled that the respondent promoter engaged in fraudulent misrepresentation by falsely claiming their private project was a government scheme; consequently, the respondent is directed to refund the full booking amount with interest and pay litigation costs.
Tribunal Order #0901126007122020-26-04-2022
The Tribunal granted the respondent a final 10-day window to file objections, warning that failure to do so will result in the matter proceeding ex-parte.
Tribunal Order #0901126007122020-10-01-2022
The Tribunal closed the respondent's opportunity to file a reply to the grounds of appeal due to failure to do so despite several opportunities, and scheduled the case for further orders on 04.02.2022.
Tribunal Order #0901126007122020-15-11-2021
The Tribunal condoned an 82-day delay in filing the appeal, citing the COVID-19 pandemic and Supreme Court relaxations, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the previous order and ruled that the respondent promoter engaged in fraudulent misrepresentation by falsely claiming their private project was a government scheme; consequently, the respondent is directed to refund the full booking amount with interest and pay litigation costs. Awarded in favor of Appellant. Awarded interest rate: MCLR+1 per cent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the previous order and ruled that the respondent promoter engaged in fraudulent misrepresentation by falsely claiming their private project was a government scheme; consequently, the respondent is directed to refund the full booking amount with interest and pay litigation costs.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1 per cent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ashish Tripathi
- J.N. Mishra
Respondent Advocate(s)
- Ashish Tripathi
Official RERA Tribunal Orders (4)
The Tribunal set aside the previous order and ruled that the respondent promoter engaged in fraudulent misrepresentation by falsely claiming their private project was a government scheme; consequently, the respondent is directed to refund the full booking amount with interest and pay litigation costs.
The Tribunal granted the respondent a final 10-day window to file objections, warning that failure to do so will result in the matter proceeding ex-parte.
The Tribunal closed the respondent's opportunity to file a reply to the grounds of appeal due to failure to do so despite several opportunities, and scheduled the case for further orders on 04.02.2022.
The Tribunal condoned an 82-day delay in filing the appeal, citing the COVID-19 pandemic and Supreme Court relaxations, and directed the Registry to convert the defective appeal into a regular appeal.
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