Appellant / Complainant
U.P. State Industrial Development Authority
Respondent
Shilpi Singh
₹39,29,314
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 0901126010582020 by U.P. State Industrial Development Authority against Shilpi Singh before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partly allowed the appeals of UPSIDA, modifying the RERA order to mandate that refunds be paid with interest (SBI MCLR+1%) calculated from the date of each individual installment rather than the first deposit, and directed the transfer of pre-deposited funds to UP RERA for execution.
Hearing
The Tribunal permitted the appellant to delete prayer no. 2 and addressed a dispute regarding the calculation of interest on refunds, specifically whether interest should be applied from the date of the first installment or from the dates of individual installments.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-339/2020 to 26.10.2021.
Delay condonation
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's directions regarding the extension of limitation due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The Tribunal noted that advocates were abstaining from work due to a call by the Oudh Bar Association and ordered the defective appeal to be listed on 23.03.2021.
For Order
The Tribunal granted the appellant one week to file a better affidavit regarding the application for condonation of delay and set a timeline for subsequent filings and objections.
Tribunal Order #0901126010582020-23-03-2021
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's directions regarding the extension of limitation due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126010582020-04-03-2022
The Appellate Tribunal partly allowed the appeals of UPSIDA, modifying the RERA order to mandate that refunds be paid with interest (SBI MCLR+1%) calculated from the date of each individual installment rather than the first deposit, and directed the transfer of pre-deposited funds to UP RERA for execution.
Tribunal Order #0901126010582020-26-10-2021
The Tribunal permitted the appellant to delete prayer no. 2 and addressed a dispute regarding the calculation of interest on refunds, specifically whether interest should be applied from the date of the first installment or from the dates of individual installments.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partly allowed the appeals of UPSIDA, modifying the RERA order to mandate that refunds be paid with interest (SBI MCLR+1%) calculated from the date of each individual installment rather than the first deposit, and directed the transfer of pre-deposited funds to UP RERA for execution. Awarded in favor of Partial. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partly allowed the appeals of UPSIDA, modifying the RERA order to mandate that refunds be paid with interest (SBI MCLR+1%) calculated from the date of each individual installment rather than the first deposit, and directed the transfer of pre-deposited funds to UP RERA for execution.
Ruling Awarded To
Partial
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from the respective dates of payments of the installments till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kartikey Dubey
Respondent Advocate(s)
- Mandeep Singh
Official RERA Tribunal Orders (3)
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's directions regarding the extension of limitation due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal.
The Appellate Tribunal partly allowed the appeals of UPSIDA, modifying the RERA order to mandate that refunds be paid with interest (SBI MCLR+1%) calculated from the date of each individual installment rather than the first deposit, and directed the transfer of pre-deposited funds to UP RERA for execution.
The Tribunal permitted the appellant to delete prayer no. 2 and addressed a dispute regarding the calculation of interest on refunds, specifically whether interest should be applied from the date of the first installment or from the dates of individual installments.
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