Appellant / Complainant
Vinod Kumar
Respondent
Citizen Housing and Developing Co-operative Society
citizen housing and developing co-operative society
₹17,35,000
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 0901126017992021 by Vinod Kumar against Citizen Housing and Developing Co-operative Society before up_rera.
for delivery of Judgment/Order
The Tribunal modified the Regulatory Authority's order to direct the respondent to pay interest on the refund amount as per the specific rates stipulated in Clause 14 of the original agreement, rather than the lower rate previously ordered.
Final Hearing
The Tribunal heard arguments regarding an appeal against a RERA order concerning interest rates on refunds, but the judgment has been reserved for a later date.
Delay condonation
The Tribunal condoned the delay in filing the appeal following the disposal of a review application and directed the Registry to convert the defective appeal into a regular appeal. The matter was subsequently adjourned to 04.01.2022 at the appellant's request.
Hearing
The Tribunal granted the applicant one week to file a reply to the respondent's objections and scheduled the matter for consideration of the condonation of delay application on 08.12.2021.
Notice
The Tribunal directed the respondent to file a Vakalat Nama and objections to the delay condonation application, while also ordering the respondent to appear through an authorized person empowered to make final settlement decisions regarding the disputed interest rate discrepancy.
Notice
The Tribunal noted a defect in the appeal and directed the applicant to take necessary steps within three days, listing the matter for September 27, 2021, to dispose of the limitation application.
Defect Removal
The Tribunal directed the applicant to file a physical copy of his delay condonation application and issued notice to the respondent, scheduling the matter for hearing on April 7, 2021.
Tribunal Order #0901126017992021-27-09-2021
The Tribunal directed the respondent to file a Vakalat Nama and objections to the delay condonation application, while also ordering the respondent to appear through an authorized person empowered to make final settlement decisions regarding the disputed interest rate discrepancy.
Tribunal Order #0901126017992021-23-03-2022
The Tribunal modified the Regulatory Authority's order to direct the respondent to pay interest on the refund amount as per the specific rates stipulated in Clause 14 of the original agreement, rather than the lower rate previously ordered.
Tribunal Order #0901126017992021-08-12-2021
The Tribunal condoned the delay in filing the appeal following the disposal of a review application and directed the Registry to convert the defective appeal into a regular appeal. The matter was subsequently adjourned to 04.01.2022 at the appellant's request.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the Regulatory Authority's order to direct the respondent to pay interest on the refund amount as per the specific rates stipulated in Clause 14 of the original agreement, rather than the lower rate previously ordered. Awarded in favor of Appellant. Awarded interest rate: As per Clause 14 of the agreement (12% to 14% per annum depending on lock-in period).
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the Regulatory Authority's order to direct the respondent to pay interest on the refund amount as per the specific rates stipulated in Clause 14 of the original agreement, rather than the lower rate previously ordered.
Ruling Awarded To
Appellant
Awarded Interest Rate
As per Clause 14 of the agreement (12% to 14% per annum depending on lock-in period)
Interest Period
from 17.11.2014 till the date of refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anil Kumar Mishra
Respondent Advocate(s)
- Dharamraj N
Official RERA Tribunal Orders (3)
The Tribunal directed the respondent to file a Vakalat Nama and objections to the delay condonation application, while also ordering the respondent to appear through an authorized person empowered to make final settlement decisions regarding the disputed interest rate discrepancy.
The Tribunal modified the Regulatory Authority's order to direct the respondent to pay interest on the refund amount as per the specific rates stipulated in Clause 14 of the original agreement, rather than the lower rate previously ordered.
The Tribunal condoned the delay in filing the appeal following the disposal of a review application and directed the Registry to convert the defective appeal into a regular appeal. The matter was subsequently adjourned to 04.01.2022 at the appellant's request.
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