Appellant / Complainant
Joginder Kumar
Respondent
Proview Infrastructure Pvt. Ltd.
proview infrastructure pvt. ltd.
₹31,90,000
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 0901126027012021 by Joginder Kumar against Proview Infrastructure Pvt. Ltd. before up_rera.
Delay condonation
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposit (after settling the outstanding HDFC bank loan) along with interest at the rate of MCLR+1% per annum.
Further Order
The Tribunal noted the absence of both parties and adjourned the matter to 19.04.2022 for hearing.
Further Order
The Tribunal closed the respondent's opportunity to file an objection to the memo of appeal due to their repeated failure to appear and submit objections despite being granted a final opportunity.
Further Order
The Tribunal granted the respondent a final opportunity to file objections to the memo of appeal and adjourned the matter to 05.01.2022.
Delay condonation
The Tribunal condoned a 150-day delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the Covid-19 pandemic and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal noted the absence of the respondent despite service of notice and ordered that a fresh notice be issued via email to inform them of the next hearing date for the disposal of the limitation application.
Admission
The Tribunal granted the appellant three days to take necessary steps and directed the exchange of documents via email regarding the application for condonation of delay and the memo of appeal.
Notice
The Tribunal directed the appellant to file a hard copy of Form-L within three days and ordered the issuance of fresh notice to the respondent via registered post and email.
Defect Removal
The Tribunal noted the removal of registry defects and directed that notice be issued to the respondent via registered post and email, scheduling the hearing for July 29, 2021.
Tribunal Order #0901126027012021-19-04-2022
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposit (after settling the outstanding HDFC bank loan) along with interest at the rate of MCLR+1% per annum.
Tribunal Order #0901126027012021-09-11-2021
The Tribunal condoned a 150-day delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the Covid-19 pandemic and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126027012021-05-01-2022
The Tribunal closed the respondent's opportunity to file an objection to the memo of appeal due to their repeated failure to appear and submit objections despite being granted a final opportunity.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposit (after settling the outstanding HDFC bank loan) along with interest at the rate of MCLR+1% per annum. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposit (after settling the outstanding HDFC bank loan) along with interest at the rate of MCLR+1% per annum.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit till the refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Sarvesh Tiwari
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposit (after settling the outstanding HDFC bank loan) along with interest at the rate of MCLR+1% per annum.
The Tribunal condoned a 150-day delay in filing the appeal by applying the Supreme Court's relaxation of limitation periods due to the Covid-19 pandemic and directed the defective appeal to be registered as a Regular Appeal.
The Tribunal closed the respondent's opportunity to file an objection to the memo of appeal due to their repeated failure to appear and submit objections despite being granted a final opportunity.
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