Appellant / Complainant
Hawelia Builders Pvt Ltd
Respondent
Ankush Sabharwal
hawelia builders pvt ltd
₹43,57,880
Respondent (Allottees)
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 0901126014752020 by Hawelia Builders Pvt Ltd against Ankush Sabharwal before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order for possession and instead directed the promoter to refund the deposited amount to the allottees with interest at MCLR+1% from the date of deposit until actual payment.
Hearing
The Tribunal heard arguments regarding an appeal by a developer against a regulatory order concerning delayed possession and the validity of exemption clauses in the allotment letter; judgment has been reserved.
Exchange of pleadings
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant.
Exchange of pleadings
The Tribunal adjourned the appeal to 29.09.2022 and directed the parties to exchange pleadings in the interim.
Exchange of pleadings
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for hearing on 02.09.2022.
Hearing
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 20,000 payable to the Tribunal and the respondent, and directed the case be converted into a regular appeal.
Delay condonation
The Tribunal directed the respondent to rectify defects in their unsigned objections and instructed both parties to file pleadings on the e-portal before the next hearing scheduled for 26.05.2022.
Delay condonation
The Tribunal granted the applicant one week to provide further clarification regarding the delay in filing the appeal and scheduled the matter for hearing on 09.05.2022.
Delay condonation
The Tribunal granted a request from the applicant's counsel to adjourn the matter and rescheduled the case for hearing on 27.04.2022.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and rescheduled the case for March 28, 2022, to consider the application for condonation of delay.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to COVID-19 restrictions and provided a one-week extension for filing a better affidavit in support of the application for condonation of delay.
Final Hearing
The Tribunal granted the appellant one week's time to file a better affidavit for condonation of delay, subject to a cost of Rs. 5000/- to be used for the Legal Representative's library.
Hearing
The Tribunal noted the impossibility of a settlement between the parties and scheduled the case for orders on 23.12.2021.
Hearing
The Tribunal granted an adjournment of the case due to the illness of the appellant's counsel and rescheduled the matter for December 21, 2021.
For Order
The Tribunal has adjourned the matter and scheduled the appeal for further orders on 26.11.2021.
For Order
The Tribunal granted an adjournment requested by the counsel for the appellant due to personal difficulties and rescheduled the case for 28.10.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant due to illness and directed the appellant to file a reply to the respondent's objections via email within one week and submit the original to the Registry before the next hearing.
For Order
The Tribunal granted a request from both parties' counsels to adjourn the appeal and list it on 17.03.2021 along with case no. 13 of 2020.
For Order
The Tribunal granted a joint request from the counsels to list the matter on 23.02.2021 along with Misc. Case No. 13/2020.
Tribunal Order #0901126014752020-30-05-2023
The Tribunal set aside the Regulatory Authority's order for possession and instead directed the promoter to refund the deposited amount to the allottees with interest at MCLR+1% from the date of deposit until actual payment.
Tribunal Order #0901126014752020-26-05-2022
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 20,000 payable to the Tribunal and the respondent, and directed the case be converted into a regular appeal.
Tribunal Order #0901126014752020-23-12-2021
The Tribunal granted the appellant one week's time to file a better affidavit for condonation of delay, subject to a cost of Rs. 5000/- to be used for the Legal Representative's library.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order for possession and instead directed the promoter to refund the deposited amount to the allottees with interest at MCLR+1% from the date of deposit until actual payment. Awarded in favor of Respondent (Allottees). Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order for possession and instead directed the promoter to refund the deposited amount to the allottees with interest at MCLR+1% from the date of deposit until actual payment.
Ruling Awarded To
Respondent (Allottees)
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till the date of actual refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yash Tandon
- Tushar Bahadur
- Anshul Gupta
Respondent Advocate(s)
- Shubham Tripathi
- Harpreet Singh
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order for possession and instead directed the promoter to refund the deposited amount to the allottees with interest at MCLR+1% from the date of deposit until actual payment.
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 20,000 payable to the Tribunal and the respondent, and directed the case be converted into a regular appeal.
The Tribunal granted the appellant one week's time to file a better affidavit for condonation of delay, subject to a cost of Rs. 5000/- to be used for the Legal Representative's library.
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