Appellant / Complainant
Vijendra Singh Raghav
Respondent
Strategic Developers Private Limited
strategic developers private limited
₹20,96,239
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 0901126025102024 by Vijendra Singh Raghav against Strategic Developers Private Limited before up_rera.
Hearing
The Appellate Tribunal set aside the Regulatory Authority's order for possession and instead directed the respondent/promoter to refund the appellant's deposit of Rs. 20,96,239/- with interest at MCLR+1% because the authority granted relief beyond the original pleadings and based an invalid offer of possession on a temporary occupation certificate.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for further orders/hearing on 24.11.2025.
Hearing
The Tribunal rejected the respondent's review petition, ruling that the clerical error regarding a complaint date did not warrant reopening the matter, and scheduled the appeal for hearing on 22.09.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent and scheduled the appeal for orders/hearing on September 1, 2025.
Delay condonation
The Tribunal allowed the application to condone a delay of 838 days in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal directed the respondent to explain its failure to comply with the 2020 decree regarding possession and refunds, and ordered the respondent to produce the project's OC/CC, offer of possession, and interest computations.
Delay condonation
The Tribunal has adjourned the appeal to 10.07.2025 for orders, following a joint request from the counsel for both parties.
Delay condonation
The Tribunal granted a request to list the matter for a subsequent hearing on 16.05.2025.
Delay condonation
The court granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the case for orders on 23.04.2025.
Delay condonation
The Tribunal granted the appellant time to file a rejoinder affidavit and scheduled the appeal for hearing on March 25, 2025.
Delay condonation
The Tribunal has granted a request from the counsels of both parties to list the defective appeal for consideration regarding the application for condonation of delay on 03.03.2025.
Delay condonation
The Tribunal adjourned the appeal to 07.02.2025 at the request of the parties and directed that pleadings be completed in the interim.
Delay condonation
Upon the joint request of the parties, the Tribunal has adjourned the appeal to be listed for orders or hearing on January 10, 2025.
Delay condonation
The Tribunal granted the respondent 10 days to file an objection following an adjournment request by the appellant and scheduled the next hearing for December 2, 2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the appeal and the application for condonation of delay, with a subsequent deadline for the appellant to file a reply.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal and the application for condonation of delay, scheduling the matter for hearing on 13.09.2024.
Defect Removal
The Tribunal granted the appellant one week to file legible copies of documents identified in the office report and scheduled the defective appeal for orders on 09.08.2024.
Tribunal Order #0901126025102024-24-11-2025
The Appellate Tribunal set aside the Regulatory Authority's order for possession and instead directed the respondent/promoter to refund the appellant's deposit of Rs. 20,96,239/- with interest at MCLR+1% because the authority granted relief beyond the original pleadings and based an invalid offer of possession on a temporary occupation certificate.
Tribunal Order #0901126025102024-04-08-2025
The Tribunal allowed the application to condone a delay of 838 days in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126025102024-10-07-2025
The Tribunal directed the respondent to explain its failure to comply with the 2020 decree regarding possession and refunds, and ordered the respondent to produce the project's OC/CC, offer of possession, and interest computations.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order for possession and instead directed the respondent/promoter to refund the appellant's deposit of Rs. 20,96,239/- with interest at MCLR+1% because the authority granted relief beyond the original pleadings and based an invalid offer of possession on a temporary occupation certificate. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order for possession and instead directed the respondent/promoter to refund the appellant's deposit of Rs. 20,96,239/- with interest at MCLR+1% because the authority granted relief beyond the original pleadings and based an invalid offer of possession on a temporary occupation certificate.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Rohit Jaiswal
- Jayant Gupta
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Regulatory Authority's order for possession and instead directed the respondent/promoter to refund the appellant's deposit of Rs. 20,96,239/- with interest at MCLR+1% because the authority granted relief beyond the original pleadings and based an invalid offer of possession on a temporary occupation certificate.
The Tribunal allowed the application to condone a delay of 838 days in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal directed the respondent to explain its failure to comply with the 2020 decree regarding possession and refunds, and ordered the respondent to produce the project's OC/CC, offer of possession, and interest computations.
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