Appellant / Complainant
Sunita Agarwal
Respondent
Tulsiani Construction and Developers Pvt. Ltd.
tulsiani construction and developers pvt. ltd.
₹89,21,146
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 0901126027912021 by Sunita Agarwal against Tulsiani Construction and Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside direction no. 3 of the Regulatory Authority's order because it mandated a refund that the appellants had never requested, ruling instead that the developer must fulfill its obligation to deliver possession.
Hearing
The matter was adjourned due to lack of time, with the court directing the case to be listed again on 24.05.2023.
Further Order
The Tribunal granted a request for an adjournment to allow the parties to attempt an amicable settlement, scheduling the matter for orders on 15.05.2023, with oral arguments to proceed if no settlement is reached.
Further Order
The Tribunal adjourned the matter to 06.12.2022 after the respondent's counsel noted that a moratorium has been issued by the NCLT and committed to uploading the relevant order.
Further Order
The Tribunal heard arguments regarding the appellant's claim for possession of a flat and the respondent's claim regarding unpaid loan amounts, subsequently adjourning the matter to 11.11.2022.
Further Order
The Tribunal heard arguments regarding the mortgage status of specific towers and scheduled the appeal for a final hearing on 11.10.2022.
Further Order
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant prior to the next hearing on September 21, 2022.
Further Order
The Tribunal directed the parties to file a list of dates, events, and cited case laws at least 10 days before the next hearing, which is scheduled for 23.08.2022.
Further Order
The Tribunal directed the appellant to pay a cost of Rs. 5,000/- directly to the respondent and ordered both parties to file lists of dates, events, and cited cases at least seven days before the next hearing.
Delay condonation
The Tribunal condoned a 707-day delay in filing the appeal, subject to a cost of Rs. 10,000, and directed the matter to be registered as a Regular Appeal for hearing on merits.
Hearing
The Tribunal scheduled the matter for 04.04.2022 to address the appellant's application for condonation of delay and any subsequent objections from the respondent.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit for condonation of delay and directed parties to upload pleadings on the e-portal before the next hearing on 24.03.2022.
Delay condonation
The Tribunal granted a request from the Appellant's counsel to adjourn the matter to 08.03.2022 to allow for oral submissions and the citation of judgments regarding an application for condonation of delay.
Hearing
The Tribunal granted a request for adjournment due to the illness of the appellant's counsel and rescheduled the case for hearing on 24.01.2022.
Hearing
The Tribunal adjourned the matter to 05.01.2022 for the disposal of a limitation application and directed the appellant's counsel to file a replication within three days.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the defective appeal for hearing on 21.12.2021.
Notice
The Tribunal directed the respondent's counsel to file a Vakalatnama within one week and instructed them to file an objection to the limitation application before the next hearing on 08.09.2021.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal and scheduled the matter for a hearing on 17.08.2021.
Tribunal Order #0901126027912021-09-05-2022
The Tribunal directed the appellant to pay a cost of Rs. 5,000/- directly to the respondent and ordered both parties to file lists of dates, events, and cited cases at least seven days before the next hearing.
Tribunal Order #0901126027912021-04-04-2022
The Tribunal condoned a 707-day delay in filing the appeal, subject to a cost of Rs. 10,000, and directed the matter to be registered as a Regular Appeal for hearing on merits.
Tribunal Order #0901126027912021-04-08-2023
The Tribunal set aside direction no. 3 of the Regulatory Authority's order because it mandated a refund that the appellants had never requested, ruling instead that the developer must fulfill its obligation to deliver possession.
Tribunal Order #0901126027912021-23-08-2022
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant prior to the next hearing on September 21, 2022.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside direction no. 3 of the Regulatory Authority's order because it mandated a refund that the appellants had never requested, ruling instead that the developer must fulfill its obligation to deliver possession. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside direction no. 3 of the Regulatory Authority's order because it mandated a refund that the appellants had never requested, ruling instead that the developer must fulfill its obligation to deliver possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the proposed date of possession till the date of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Fuhar Gupta
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (4)
The Tribunal directed the appellant to pay a cost of Rs. 5,000/- directly to the respondent and ordered both parties to file lists of dates, events, and cited cases at least seven days before the next hearing.
The Tribunal condoned a 707-day delay in filing the appeal, subject to a cost of Rs. 10,000, and directed the matter to be registered as a Regular Appeal for hearing on merits.
The Tribunal set aside direction no. 3 of the Regulatory Authority's order because it mandated a refund that the appellants had never requested, ruling instead that the developer must fulfill its obligation to deliver possession.
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant prior to the next hearing on September 21, 2022.
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