Appellant / Complainant
UH Realcon Private Limited
Respondent
Prakash Ahuja
uh realcon private limited
₹15,35,691
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 0901126025132022 by UH Realcon Private Limited against Prakash Ahuja before up_rera.
For Order
The Tribunal set aside the Regulatory Authority's order for a full refund, ruling that since the allottee continued in the project until completion and only sought withdrawal after receiving the CC/OC, they are entitled to interest for the delay but the promoter is permitted to deduct earnest money as per the agreement.
For Order
The Tribunal has granted a request from the parties to list the appeal on 30.01.2025.
Hearing
The Tribunal heard arguments from both parties regarding Appeal-257/2022 and has reserved the judgment for a later date.
Hearing
The Tribunal granted a final one-week extension to the respondent's counsel to reply to arguments and judgments cited by the appellant, scheduling the matter for orders on 29.07.2024.
Hearing
The appeal was adjourned because no one appeared for the appellant; the matter is now listed for hearing on 24.07.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal illness and rescheduled the appeal for hearing on 27.05.2024.
Hearing
The Tribunal adjourned the proceedings to allow the respondent's counsel time to respond to legal precedents cited by the appellant regarding the concealment of facts.
Hearing
The Tribunal granted a one-week extension to the appellant's counsel to conduct legal research regarding claims of concealment and adjourned the matter to 16.04.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for April 4, 2024.
Hearing
The Tribunal has rescheduled the hearing for Appeal-257/2022 to March 1, 2024, following a joint request from the counsels of both parties.
Hearing
The Tribunal allowed the appellant's application to amend the memo of appeal to include legal grounds regarding an allottee's duty to take possession within two months of the issuance of an Occupancy Certificate (OC).
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing to 16.10.2023.
Hearing
The Tribunal granted a 10-day extension to the appellant to file a reply to the respondent's objections and rescheduled the hearing for September 6, 2023.
Hearing
The Tribunal adjourned today's proceedings due to the absence of the respondent's counsel and scheduled the appeal for a hearing on 18.07.2023.
Hearing
The Tribunal granted the respondent one week to file objections to the appellant's amendment application, with a subsequent timeline set for the appellant's reply and a new hearing date of 05.05.2023.
Hearing
The Tribunal granted a one-week adjournment at the request of the counsels and scheduled the case for orders/hearing on 03.04.2023.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and rescheduled the hearing for March 23, 2023.
For Order
The Tribunal adjourned today's proceedings due to the unavailability of the appellant's counsel and scheduled the appeal for hearing on 12.12.2022.
Further Hearing
The Tribunal adjourned the matter for 10 days to allow the parties to formulate terms for an amicable settlement regarding interest payments and possession.
Hearing
The Tribunal granted the appellant's request for more time to study the matter and adjourned the hearing to 11.11.2022.
For Order
The Tribunal granted an interim stay on recovery proceedings against the appellant following a finding that the respondent failed to approach the High Court with clean hands by misrepresenting the status of the appeal.
For Order
The Tribunal granted a joint request from the parties to list the appeal for orders or hearing on 17.10.2022.
For Order
The Tribunal granted a request for an urgent hearing and scheduled the matter for orders on 12.10.2022 due to the absence of the respondent's counsel.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the matter for the next hearing on 10.10.2022.
For Order
The court granted an adjournment to the respondent's counsel, who requested additional time to examine a rejoinder received only four days prior.
Further Order
The Tribunal has scheduled the appeal for a hearing on 16.09.2022 following the exchange of pleadings.
Further Order
The proceeding is adjourned because the counsel for the appellant is on sanctioned leave, and the case is rescheduled for 23.08.2022.
Notice
The Tribunal directed the Registry to convert the defective appeal into a regular appeal upon verification of defect removal and granted the respondent two weeks to file objections.
Defect Removal
The Tribunal issued notice to the respondent and directed the appellant to rectify procedural defects and complete service of the appeal documents via speed-post and email.
Tribunal Order #0901126025132022-30-01-2025
The Tribunal set aside the Regulatory Authority's order for a full refund, ruling that since the allottee continued in the project until completion and only sought withdrawal after receiving the CC/OC, they are entitled to interest for the delay but the promoter is permitted to deduct earnest money as per the agreement.
Tribunal Order #0901126025132022-17-10-2022
The Tribunal granted an interim stay on recovery proceedings against the appellant following a finding that the respondent failed to approach the High Court with clean hands by misrepresenting the status of the appeal.
Tribunal Order #0901126025132022-18-01-2024
The Tribunal allowed the appellant's application to amend the memo of appeal to include legal grounds regarding an allottee's duty to take possession within two months of the issuance of an Occupancy Certificate (OC).
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order for a full refund, ruling that since the allottee continued in the project until completion and only sought withdrawal after receiving the CC/OC, they are entitled to interest for the delay but the promoter is permitted to deduct earnest money as per the agreement. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order for a full refund, ruling that since the allottee continued in the project until completion and only sought withdrawal after receiving the CC/OC, they are entitled to interest for the delay but the promoter is permitted to deduct earnest money as per the agreement.
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)
- Kshemendra Shukla
Respondent Advocate(s)
- Prasoon Kumar Anjor
- Vinay Pandey
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order for a full refund, ruling that since the allottee continued in the project until completion and only sought withdrawal after receiving the CC/OC, they are entitled to interest for the delay but the promoter is permitted to deduct earnest money as per the agreement.
The Tribunal granted an interim stay on recovery proceedings against the appellant following a finding that the respondent failed to approach the High Court with clean hands by misrepresenting the status of the appeal.
The Tribunal allowed the appellant's application to amend the memo of appeal to include legal grounds regarding an allottee's duty to take possession within two months of the issuance of an Occupancy Certificate (OC).
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