Appellant / Complainant
Sudha Jain
Respondent
Uttar Pradesh Real Estate Regulatory Authority, Uppal Chadha Hi-Tech Developers Pvt. Ltd.
uppal chadha hi-tech developers pvt. ltd.
₹14,51,047
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 0901126022302023 by Sudha Jain against Uttar Pradesh Real Estate Regulatory Authority, Uppal Chadha Hi-Tech Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal, upholding the RERA Authority's orders for a refund of the deposited amount with interest and validating the issuance of a recovery certificate due to the promoter's failure to deliver possession.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and objections, after which the judgment was reserved.
Hearing
The Tribunal adjourned the appeal to 12.08.2025 for final hearing and issued a strict warning that no further adjournments will be granted.
Hearing
The Tribunal granted the respondent three days to file a proper Vakalatnama and scheduled the next hearing for July 28, 2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal directed the parties to upload missing documents to the portal and ordered the summoning of records from Complaint No. NCR144/08/57525/2020 and Execution Case No. 38/40/63 from the Regulatory Authority.
Hearing
The Tribunal heard the appellant and granted the respondent time to file a Vakalatnama; the matter is adjourned to 28.05.2025.
Delay condonation
The Tribunal condoned a 53-day delay in filing the appeal due to the appellant's medical condition and directed the respondent to maintain status quo regarding unit no. 252, Sector 15, Project Wave, City Ghaziabad, prohibiting any third-party interest.
Delay condonation
The Tribunal listed the defective appeal for consideration of the application for condonation of delay on 18.04.2025 and directed the Registry to record Sri Rajesh Chadha as counsel for the appellant.
Delay condonation
The Tribunal granted a request from both counsels to adjourn the matter after failed amicable settlement attempts and listed the defective appeal for consideration of the delay application on 19.03.2025.
Delay condonation
The Tribunal noted that settlement talks are ongoing between the parties and adjourned the matter to 10.02.2025 for consideration of the application for condonation of delay.
Delay condonation
The Tribunal has adjourned the matter to 20.01.2025 for consideration of an application for condonation of delay and subsequent hearing, following a request from the appellant's counsel.
Delay condonation
The Tribunal granted the appellant time to file a vakalatnama after obtaining an NOC from previous counsel and scheduled the appeal for consideration of the delay condonation application on 07.01.2025.
Delay condonation
The appeal has been adjourned at the request of the appellant's counsel and is scheduled to be listed on 09.12.2024.
Delay condonation
The Tribunal has scheduled the appeal for orders or hearing on November 7, 2024.
Delay condonation
The Tribunal allowed the appellant's application to amend the prayer clause of the memo of appeal and directed the filing of an amended copy within one week.
Delay condonation
The Tribunal granted the appellant additional time to respond to a query regarding their standing/aggrievement and adjourned the matter to 28.08.2024.
Delay condonation
The Tribunal granted a request for adjournment after the appellant's counsel requested time to review the record regarding how they are aggrieved by execution proceedings. The matter is listed for orders on 25.07.2024.
Delay condonation
The Tribunal has scheduled a hearing for 27.05.2024 to consider an application for condonation of delay regarding the defective appeal.
Delay condonation
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objection and scheduled the matter for hearing on April 25, 2024.
Delay condonation
The Tribunal ruled that service of notice on the respondent is sufficient and granted the respondent 10 days to file objections, scheduling the next hearing for March 20, 2024.
Delay condonation
The Tribunal granted the appellant three days to file the postal department's tracking record to prove service upon the respondent and adjourned the matter to 19.02.2024.
Delay condonation
The Tribunal issued fresh notice to the respondent and directed the appellant to serve the appeal via speed-post and email, scheduling the next hearing for 13.02.2024.
Delay condonation
The Tribunal issued fresh notice to the respondent regarding the application for condonation of delay and directed the appellant to serve the notice via speed-post and email, with the matter listed for hearing on 29.09.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant to serve the notice and appeal documents via speed-post and email.
Tribunal Order #0901126022302023-28-05-2025
The Tribunal directed the parties to upload missing documents to the portal and ordered the summoning of records from Complaint No. NCR144/08/57525/2020 and Execution Case No. 38/40/63 from the Regulatory Authority.
Tribunal Order #0901126022302023-12-11-2025
The Tribunal dismissed the appeal, upholding the RERA Authority's orders for a refund of the deposited amount with interest and validating the issuance of a recovery certificate due to the promoter's failure to deliver possession.
Tribunal Order #0901126022302023-18-04-2025
The Tribunal condoned a 53-day delay in filing the appeal due to the appellant's medical condition and directed the respondent to maintain status quo regarding unit no. 252, Sector 15, Project Wave, City Ghaziabad, prohibiting any third-party interest.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, upholding the RERA Authority's orders for a refund of the deposited amount with interest and validating the issuance of a recovery certificate due to the promoter's failure to deliver possession. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, upholding the RERA Authority's orders for a refund of the deposited amount with interest and validating the issuance of a recovery certificate due to the promoter's failure to deliver possession.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 06.11.2015 to OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Respondent Advocate(s)
- Surangama Sharma
Official RERA Tribunal Orders (3)
The Tribunal directed the parties to upload missing documents to the portal and ordered the summoning of records from Complaint No. NCR144/08/57525/2020 and Execution Case No. 38/40/63 from the Regulatory Authority.
The Tribunal dismissed the appeal, upholding the RERA Authority's orders for a refund of the deposited amount with interest and validating the issuance of a recovery certificate due to the promoter's failure to deliver possession.
The Tribunal condoned a 53-day delay in filing the appeal due to the appellant's medical condition and directed the respondent to maintain status quo regarding unit no. 252, Sector 15, Project Wave, City Ghaziabad, prohibiting any third-party interest.
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