Appellant / Complainant
Raghav Garg
Respondent
Devika Gold Homz P Ltd
devika gold homz p ltd
₹30,76,270
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 0901126010632021 by Raghav Garg against Devika Gold Homz P Ltd before up_rera.
Hearing
The Appellate Tribunal set aside an execution order that directed possession of a unit, ruling instead that the Executing Authority must enforce the original judgment requiring a refund of the deposit plus interest due to the promoter's failure to deliver possession by the specified deadline.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and rescheduled the hearing for February 12, 2025.
Hearing
The Tribunal adjourned the appeal at the request of the respondent's counsel and rescheduled the hearing for 24.01.2025, noting that no further adjournments shall be granted.
Hearing
The Tribunal has adjourned the appeal to 15.01.2025 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted a request for adjournment on behalf of the appellant's counsel and rescheduled the appeal for hearing on 10.12.2024.
Hearing
The Tribunal granted an adjournment request made by the appellant's counsel and rescheduled the appeal for hearing on 14.11.2024.
Hearing
The Tribunal has adjourned the matter to 04.10.2024 for orders at the request of the appellant's counsel.
Hearing
Upon a joint request from the counsel for both parties, the matter has been scheduled for final hearing on August 2, 2024.
Hearing
The Tribunal has adjourned the appeal to 19.07.2024 following a joint request from the counsels for both parties.
Hearing
The Tribunal adjourned the proceedings due to the unavailability of counsel for the respondent and directed the respondent's counsel to register their name on the Tribunal's portal.
Hearing
The Tribunal granted an adjournment request due to the counsel's health grounds and scheduled the appeal for a hearing on 06.05.2024.
Hearing
The Tribunal adjourned the proceedings to April 4, 2024, to allow for a potential amicable settlement between the appellant and respondent.
Hearing
The Tribunal noted that the appeal is ripe for hearing and scheduled it for a subsequent hearing on 04.03.2024.
Hearing
The Tribunal granted a short adjournment to allow the parties to pursue an amicable out-of-court settlement and listed the matter for hearing on 01.11.2023.
Hearing
The Tribunal adjourned the appeal for two weeks to allow the parties to explore an amicable settlement, directing them to report on any settlement by the next hearing date of 19.09.2023.
Hearing
The Tribunal adjourned the proceedings to 24.08.2023 to allow the parties time to pursue an amicable settlement through ongoing negotiations.
Hearing
The Tribunal granted a 10-day extension to the respondent's counsel to prepare his brief and rescheduled the execution application hearing for July 6, 2023.
For Order
The proceedings were adjourned because the respondent's counsel was on leave; the matter is scheduled for 07.04.2023 to consider an application for condonation of delay and proceed with the hearing.
For Order
The order records a request made by the appellant's counsel which was granted, appearing to be a routine procedural matter or adjournment.
For Order
The Tribunal granted the appellant a 10-day extension to file a reply to the respondent's objections and scheduled the matter for orders on 29.11.2022.
Hearing
The Tribunal granted the appellant a two-week extension to file a reply to the respondent's objections due to the appellant residing in the U.S., with instructions to provide a soft copy via email.
Hearing
The Tribunal granted the appellant a final one-week extension to comply with the previous order dated 27.07.2022, warning that failure to do so may result in the dismissal of the appeal.
Hearing
The Tribunal granted a one-week extension to the appellant to file an application for impleading 'RERA' as an opposite party, following non-compliance with a previous order.
Hearing
The Tribunal directed the Registry to convert a case marked as defective into a Regular Appeal after finding no defects and granted the appellant one week to implead RERA as a respondent.
Hearing
The Tribunal noted that the appellant is unable to file a replication due to being in the USA and clarified that no objection to delay condonation is required as the appeal is within time; parties are directed to exchange and submit lists of dates and relied judgments within 20 days.
Hearing
The Tribunal noted the absence of the appellant and granted the respondent time to file a Vakalatnama and objections to the application for condonation of delay, adjourning the matter to 19.05.2021.
Hearing
The Tribunal granted an adjournment because the appellant is currently in the USA and unable to file a rejoinder affidavit; the defective appeal is listed for hearing on 18.04.2022.
Hearing
The Tribunal granted the applicant 10 days to file a reply to the respondent's objections regarding the condonation of delay and scheduled the matter for hearing on January 13, 2022.
Hearing
The Tribunal granted a 10-day extension for the appellant to file their Vakalatnama and reply to the respondent's objections, adjourning the hearing to 23.12.2021.
Hearing
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and the grounds of appeal, directing parties to upload pleadings on the e-portal before the next hearing on 06.12.2021.
Hearing
The Tribunal noted the absence of the appellant and directed the respondent to file their Vakalat Nama and reply to the appeal by the next hearing date on 15.11.2021.
Defect Removal
The Tribunal granted the appellant one week to rectify registry defects and scheduled the defective appeal for listing on April 1, 2021.
Defect Removal
The Tribunal noted the absence of the applicant and directed them to rectify three identified registry defects within 10 days.
Tribunal Order #0901126010632021-12-02-2025
The Appellate Tribunal set aside an execution order that directed possession of a unit, ruling instead that the Executing Authority must enforce the original judgment requiring a refund of the deposit plus interest due to the promoter's failure to deliver possession by the specified deadline.
Tribunal Order #0901126010632021-27-07-2022
The Tribunal directed the Registry to convert a case marked as defective into a Regular Appeal after finding no defects and granted the appellant one week to implead RERA as a respondent.
Tribunal Order #0901126010632021-19-05-2022
The Tribunal noted that the appellant is unable to file a replication due to being in the USA and clarified that no objection to delay condonation is required as the appeal is within time; parties are directed to exchange and submit lists of dates and relied judgments within 20 days.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside an execution order that directed possession of a unit, ruling instead that the Executing Authority must enforce the original judgment requiring a refund of the deposit plus interest due to the promoter's failure to deliver possession by the specified deadline. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside an execution order that directed possession of a unit, ruling instead that the Executing Authority must enforce the original judgment requiring a refund of the deposit plus interest due to the promoter's failure to deliver possession by the specified deadline.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till 30.04.2016 as per terms and conditions of the agreement, thereafter, at the rate MCLR+1% till Occupancy Certificate (OC) is obtained
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Deepak Kumar Singh
- Anuj Tandon
- Shaurya Krishna
- Shubhangi Tiwari
Respondent Advocate(s)
- Azhar Ikram
- Saurabh Misra
- Manish Singh
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside an execution order that directed possession of a unit, ruling instead that the Executing Authority must enforce the original judgment requiring a refund of the deposit plus interest due to the promoter's failure to deliver possession by the specified deadline.
The Tribunal directed the Registry to convert a case marked as defective into a Regular Appeal after finding no defects and granted the appellant one week to implead RERA as a respondent.
The Tribunal noted that the appellant is unable to file a replication due to being in the USA and clarified that no objection to delay condonation is required as the appeal is within time; parties are directed to exchange and submit lists of dates and relied judgments within 20 days.
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