Appellant / Complainant
Balbir Sahai Saxena
Respondent
Jugul Kishore Colonisers Private Ltd.
jugul kishore colonisers private ltd.
₹90,00,000
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 0901126015832020 by Balbir Sahai Saxena against Jugul Kishore Colonisers Private Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partly allowed the appeal, directing the respondent to pay delay interest at the rate of MCLR+1% for the period from 07.11.2014 to 07.09.2016 and upholding previous directions regarding the provision of amenities.
Hearing
The Tribunal heard arguments regarding a violation of Section 18(3) of the Act, 2016, and subsequently reserved the judgment for further consideration.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to the unavailability of Senior Counsel and rescheduled the hearing for 06.09.2023.
Hearing
The Tribunal directed the Registry to place the respondent's affidavit on record and adjourned the matter to 04.05.2023 for orders/hearing upon joint request of the counsels.
Hearing
The Tribunal directed the respondent to file evidence within one week to prove the handover of keys and possession to the appellant, including electricity installation and proof of residence.
Hearing
The Tribunal directed the respondent to produce the possession memo and flat inventories by the next hearing date to verify whether legal possession was granted following the execution of the conveyance deed.
Further Order
The Tribunal directed the respondent to download the appellant's objection from the e-Portal and file their own response, while also ordering a meeting between the appellant and the respondent's manager on 12.11.2022 to explore potential settlement.
Further Order
The Tribunal directed both parties to argue on the Commissioner's report at the next hearing, noting that the appellant has filed objections while the respondent has no objection.
Further Order
The Tribunal took the Advocate Commissioner's report on record and directed the Commissioner to email it to the parties, allowing them to file objections or clarifications before the next hearing.
Further Order
The Tribunal appointed two Advocate Commissioners to inspect the disputed flat on 30.07.2022 to verify whether promised facilities were provided as per the agreement and to resolve disputes regarding possession.
For Order
The Tribunal directed the parties to exchange and file a list of dates and relevant case law at least seven days before the next hearing, which is scheduled for final arguments on 18.07.2022.
Further Order
The Tribunal noted that the hearing is complete and the respondent has uploaded the required affidavit regarding lack of facilities; the matter is scheduled for further orders on 09.05.2022.
Further Order
The Tribunal directed the respondent to provide a new brochure to the appellant within three days and ordered the respondent to file an affidavit addressing the alleged lack of facilities in the allotted flat.
Further Order
Due to the absence of both parties, the Tribunal adjourned the matter and scheduled it for further orders on February 4, 2022.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and directed the respondent to engage alternative counsel if necessary. The matter is listed for further orders on 10.01.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic and directed the defective appeal to be registered as a regular case.
Hearing
The Tribunal adjourned the matter to 24.11.2021 for consideration of a delay condonation application, directing the respondent to make alternative counsel arrangements if their current counsel remains unavailable.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the case for hearing on 01.11.2021.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for the application for condonation of delay to 01.10.2021.
Delay condonation
The Tribunal granted a request for adjournment due to the respondent's counsel's illness and directed the parties to exchange pleadings in the interim.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the case for hearing on the application for condonation of delay on 05.03.2021.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed the filing to be completed via email and the e-portal before the next hearing on 15.02.2021.
Tribunal Order #0901126015832020-01-03-2023
The Tribunal directed the respondent to produce the possession memo and flat inventories by the next hearing date to verify whether legal possession was granted following the execution of the conveyance deed.
Tribunal Order #0901126015832020-10-08-2022
The Tribunal took the Advocate Commissioner's report on record and directed the Commissioner to email it to the parties, allowing them to file objections or clarifications before the next hearing.
Tribunal Order #0901126015832020-18-07-2022
The Tribunal appointed two Advocate Commissioners to inspect the disputed flat on 30.07.2022 to verify whether promised facilities were provided as per the agreement and to resolve disputes regarding possession.
Tribunal Order #0901126015832020-21-03-2022
The Tribunal directed the respondent to provide a new brochure to the appellant within three days and ordered the respondent to file an affidavit addressing the alleged lack of facilities in the allotted flat.
Tribunal Order #0901126015832020-07-05-2024
The Appellate Tribunal partly allowed the appeal, directing the respondent to pay delay interest at the rate of MCLR+1% for the period from 07.11.2014 to 07.09.2016 and upholding previous directions regarding the provision of amenities.
Tribunal Order #0901126015832020-18-01-2024
The Tribunal heard arguments regarding a violation of Section 18(3) of the Act, 2016, and subsequently reserved the judgment for further consideration.
Tribunal Order #0901126015832020-02-03-2023
The Tribunal directed the respondent to file evidence within one week to prove the handover of keys and possession to the appellant, including electricity installation and proof of residence.
Tribunal Order #0901126015832020-10-11-2022
The Tribunal directed the respondent to download the appellant's objection from the e-Portal and file their own response, while also ordering a meeting between the appellant and the respondent's manager on 12.11.2022 to explore potential settlement.
Tribunal Order #0901126015832020-24-11-2021
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic and directed the defective appeal to be registered as a regular case.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partly allowed the appeal, directing the respondent to pay delay interest at the rate of MCLR+1% for the period from 07.11.2014 to 07.09.2016 and upholding previous directions regarding the provision of amenities. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partly allowed the appeal, directing the respondent to pay delay interest at the rate of MCLR+1% for the period from 07.11.2014 to 07.09.2016 and upholding previous directions regarding the provision of amenities.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
from 07.11.2014 to 07.09.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
- R U Verma
Respondent Advocate(s)
- Azhar Ikram
Official RERA Tribunal Orders (9)
The Tribunal directed the respondent to produce the possession memo and flat inventories by the next hearing date to verify whether legal possession was granted following the execution of the conveyance deed.
The Tribunal took the Advocate Commissioner's report on record and directed the Commissioner to email it to the parties, allowing them to file objections or clarifications before the next hearing.
The Tribunal appointed two Advocate Commissioners to inspect the disputed flat on 30.07.2022 to verify whether promised facilities were provided as per the agreement and to resolve disputes regarding possession.
The Tribunal directed the respondent to provide a new brochure to the appellant within three days and ordered the respondent to file an affidavit addressing the alleged lack of facilities in the allotted flat.
The Appellate Tribunal partly allowed the appeal, directing the respondent to pay delay interest at the rate of MCLR+1% for the period from 07.11.2014 to 07.09.2016 and upholding previous directions regarding the provision of amenities.
The Tribunal heard arguments regarding a violation of Section 18(3) of the Act, 2016, and subsequently reserved the judgment for further consideration.
The Tribunal directed the respondent to file evidence within one week to prove the handover of keys and possession to the appellant, including electricity installation and proof of residence.
The Tribunal directed the respondent to download the appellant's objection from the e-Portal and file their own response, while also ordering a meeting between the appellant and the respondent's manager on 12.11.2022 to explore potential settlement.
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic and directed the defective appeal to be registered as a regular case.
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