Appellant / Complainant
Sethia Realty Pvt. Ltd.
Respondent
Tulsiani Construction and Developers Pvt. Ltd. Plot No. 3 Green Park (Main) New Delhi -110016
tulsiani construction and developers pvt. ltd.
₹69,88,674
Respondent
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 0901126020692021 by Sethia Realty Pvt. Ltd. against Tulsiani Construction and Developers Pvt. Ltd. Plot No. 3 Green Park (Main) New Delhi -110016 before up_rera.
Further Hearing
The Tribunal permitted the appellant to withdraw the appeal to pursue execution proceedings for the refund of deposited amounts under direction no. 2 of the original Regulatory Authority order, noting that the respondent had failed to provide possession or a refund.
Final Hearing
The Tribunal granted a request for adjournment due to the appellant's counsel being engaged in another court, rescheduling the hearing to 01.04.2022.
Delay condonation
The Tribunal allowed the application for condonation of delay by 10 days, imposing a cost of Rs. 1,000/- on the appellant and directing the Registry to convert the defective appeal into a regular appeal.
to file objections and its reply
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the case for hearing on 30.03.2022 regarding the application for condonation of delay.
to file objections and its reply
The Tribunal directed the respondent to upload and file their objections on the e-portal and with the Registry within one week, and scheduled the appeal for hearing on 14.03.2022.
Hearing
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the matter for hearing on January 18, 2022.
Hearing
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the applicant's reply.
Hearing
The Tribunal directed the Respondent's counsel to file their Vakalatnama and objections to the limitation application, scheduling the matter for November 15, 2021.
Hearing on Appeal
The Tribunal directed the issuance of notice to the respondent via registered post and email and scheduled the matter for April 26, 2021, to address limitation issues.
Tribunal Order #0901126020692021-01-04-2022
The Tribunal permitted the appellant to withdraw the appeal to pursue execution proceedings for the refund of deposited amounts under direction no. 2 of the original Regulatory Authority order, noting that the respondent had failed to provide possession or a refund.
Tribunal Order #0901126020692021-30-03-2022
The Tribunal allowed the application for condonation of delay by 10 days, imposing a cost of Rs. 1,000/- on the appellant and directing the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal permitted the appellant to withdraw the appeal to pursue execution proceedings for the refund of deposited amounts under direction no. 2 of the original Regulatory Authority order, noting that the respondent had failed to provide possession or a refund. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal permitted the appellant to withdraw the appeal to pursue execution proceedings for the refund of deposited amounts under direction no. 2 of the original Regulatory Authority order, noting that the respondent had failed to provide possession or a refund.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 01.02.2018 till the delivery of physical possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Himanshu Hemant Gupta
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (2)
The Tribunal permitted the appellant to withdraw the appeal to pursue execution proceedings for the refund of deposited amounts under direction no. 2 of the original Regulatory Authority order, noting that the respondent had failed to provide possession or a refund.
The Tribunal allowed the application for condonation of delay by 10 days, imposing a cost of Rs. 1,000/- on the appellant and directing the Registry to convert the defective appeal into a regular appeal.
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