Appellant / Complainant
Ankush Sabharwal, Avvi Sabharwal
Respondent
Hawelia Builders Pvt. Ltd.
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 0901126016062020 by Ankush Sabharwal, Avvi Sabharwal against Hawelia Builders Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the promoter's appeal and allowed the allottees' cross-appeal, setting aside the previous order for possession and instead directing the promoter to refund the deposited amount with interest at MCLR+1% from the date of deposit until actual payment.
Hearing
The Tribunal has heard the arguments from both the appellant and respondent, and the judgment has been reserved.
Hearing
The appeal was adjourned to 17.01.2023 because the counsel for the appellant was unprepared to argue the matter at the scheduled time.
Hearing
The Tribunal has scheduled the appeal for a hearing on 16.12.2022, to be heard alongside Appeal No. 296/2020.
Hearing
The Tribunal noted a procedural error regarding the accidental dismissal of a cross-appeal and ordered the matter to be listed for hearing on 03.11.2022.
Hearing
The Tribunal adjourned the appeal upon a joint request from both parties and scheduled the matter for hearing on 29.09.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for September 1, 2022.
Hearing
The Tribunal noted that pleadings have been exchanged and directed both parties to file written arguments before the next hearing date of 03.08.2022.
Hearing
The Tribunal directed the respondent to file objections to the grounds of appeal within one week and scheduled the case for hearing on the application for condonation of delay on 26.05.2022.
Delay condonation
The Tribunal condoned a 16-day delay in filing the appeal upon payment of a Rs. 500 cost and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal noted that the case was incorrectly listed for today's date and directed it to be rescheduled for its previously ordered date of 27.04.2022.
Delay condonation
The Tribunal granted a request from the respondent'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 respondent's counsel due to personal difficulties and scheduled the case for 28.03.2022 to consider the application for condonation of delay.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to COVID-19 restrictions and rescheduled the matter for January 24, 2022, to consider the application for condonation of delay.
Final Hearing
The Tribunal ordered the case to be listed alongside Misc. Case No. 296/2020 on January 3, 2022.
Hearing
The court noted the failure of settlement negotiations between the parties and scheduled the matter for orders on 23.12.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the matter for hearing on 21.12.2021.
Delay condonation
The Tribunal adjourned the matter and scheduled the appeal for further orders on 26.11.2021.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulties and rescheduled the case for hearing on 28.10.2021.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the matter for April 9, 2021, to consider the application for condonation of delay.
For Order
The Tribunal granted a request from both parties to adjourn the case to 17.03.2021 and directed the parties to exchange their pleadings in the interim.
For Order
Upon the joint request of the counsels for both parties, the case is adjourned and scheduled to be listed on 23.02.2021 along with Misc. Case No. 296/2020.
Tribunal Order #0901126016062020-30-05-2023
The Tribunal dismissed the promoter's appeal and allowed the allottees' cross-appeal, setting aside the previous order for possession and instead directing the promoter to refund the deposited amount with interest at MCLR+1% from the date of deposit until actual payment.
Tribunal Order #0901126016062020-27-04-2022
The Tribunal condoned a 16-day delay in filing the appeal upon payment of a Rs. 500 cost and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the promoter's appeal and allowed the allottees' cross-appeal, setting aside the previous order for possession and instead directing the promoter to refund the deposited amount 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 dismissed the promoter's appeal and allowed the allottees' cross-appeal, setting aside the previous order for possession and instead directing the promoter to refund the deposited amount 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)
- Shubham Tripathi
Respondent Advocate(s)
- Yash Tandon
Official RERA Tribunal Orders (2)
The Tribunal dismissed the promoter's appeal and allowed the allottees' cross-appeal, setting aside the previous order for possession and instead directing the promoter to refund the deposited amount with interest at MCLR+1% from the date of deposit until actual payment.
The Tribunal condoned a 16-day delay in filing the appeal upon payment of a Rs. 500 cost and directed the Registry to convert the defective appeal into a regular appeal.
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