Appellant / Complainant
Ramaprastha Builders Pvt. Ltd.
Respondent
Anil Kumar Sharma, Sachin Jain
ramaprastha builders pvt. ltd.
₹22,21,000
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 0901126010532020 by Ramaprastha Builders Pvt. Ltd. against Anil Kumar Sharma, Sachin Jain before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, setting aside the Regulatory Authority's order and directing the appellant to refund only the Rs. 5,21,000 received from respondent no. 1 with MCLR+1% interest, while clarifying that payments made to respondent no. 2 are not the appellant's responsibility.
Further Hearing
The Tribunal directed the appellant to produce records regarding the sale and transfer of flats involving respondent no. 3 and ordered the Registry to summon specific complaint records for examination.
Further Hearing
The Tribunal adjourned the matter to September 1, 2022, for further hearing due to lack of time.
Further Hearing
The Tribunal adjourned the matter due to lack of time and scheduled it for further hearing on 31.08.2022.
Further Hearing
The Tribunal adjourned the proceedings due to a request from the respondent's counsel on medical grounds and rescheduled the hearing for August 30, 2022.
Hearing
The Tribunal granted the counsels for both parties one week's time to study and prepare a response regarding the respondent's status as an allottee and the applicability of the Act and Rules, 2016, and rescheduled the hearing to 03.08.2022.
Hearing
The Tribunal adjourned the case to 20.07.2022 for final hearing due to lawyers abstaining from work in protest of the Oudh Bar resolution.
Hearing
The Tribunal directed both parties to exchange and file a list of dates and relied-upon cases at least seven days before the next hearing. The case is scheduled for hearing on 10.05.2022.
Hearing
The Tribunal directed the parties to submit a list of dates, events, and relied-upon judgments to the Registry and scheduled the appeal for hearing on 06.04.2022.
Final Hearing
The Tribunal adjourned the appeal to 24.01.2022 because the appellant requested time for Senior Counsel to argue and the current day's cause list was exhausted.
Hearing
The Tribunal granted the appellant's counsel two days to prepare her brief and rescheduled the hearing for January 7, 2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for January 5, 2022.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondents' objections, subject to a cost of Rs. 1,000/- to be used for the legal representatives' library.
Final Hearing
The appeal filed by M/S Ramaprastha Builders Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant and their counsel.
Tribunal Order #0901126010532020-30-09-2022
The Tribunal partially allowed the appeal, setting aside the Regulatory Authority's order and directing the appellant to refund only the Rs. 5,21,000 received from respondent no. 1 with MCLR+1% interest, while clarifying that payments made to respondent no. 2 are not the appellant's responsibility.
Tribunal Order #0901126010532020-22-11-2021
The Tribunal granted the appellant a one-week extension to file a reply to the respondents' objections, subject to a cost of Rs. 1,000/- to be used for the legal representatives' library.
Tribunal Order #0901126010532020-22-01-2021
The appeal filed by M/S Ramaprastha Builders Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant and their counsel.
Tribunal Order #0901126010532020-01-09-2022
The Tribunal directed the appellant to produce records regarding the sale and transfer of flats involving respondent no. 3 and ordered the Registry to summon specific complaint records for examination.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, setting aside the Regulatory Authority's order and directing the appellant to refund only the Rs. 5,21,000 received from respondent no. 1 with MCLR+1% interest, while clarifying that payments made to respondent no. 2 are not the appellant's responsibility. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, setting aside the Regulatory Authority's order and directing the appellant to refund only the Rs. 5,21,000 received from respondent no. 1 with MCLR+1% interest, while clarifying that payments made to respondent no. 2 are not the appellant's responsibility.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from the date of its receipt till the date of actual refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Pushpila Bisht
- Rahul Kapoor
Respondent Advocate(s)
- Divyam Krishna
Official RERA Tribunal Orders (4)
The Tribunal partially allowed the appeal, setting aside the Regulatory Authority's order and directing the appellant to refund only the Rs. 5,21,000 received from respondent no. 1 with MCLR+1% interest, while clarifying that payments made to respondent no. 2 are not the appellant's responsibility.
The Tribunal granted the appellant a one-week extension to file a reply to the respondents' objections, subject to a cost of Rs. 1,000/- to be used for the legal representatives' library.
The appeal filed by M/S Ramaprastha Builders Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant and their counsel.
The Tribunal directed the appellant to produce records regarding the sale and transfer of flats involving respondent no. 3 and ordered the Registry to summon specific complaint records for examination.
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