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 0901126027932021 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 focus on delivering possession.
Hearing
The order is a routine procedural listing directing the matter to be put up on 24.05.2023.
Further Order
The Tribunal granted an adjournment to allow the parties to attempt an amicable settlement, scheduling the matter for orders or arguments on 15.05.2023.
Further Order
The Tribunal adjourned the matter to 06.12.2022 after the respondent counsel noted that a moratorium has been issued by the NCLT regarding the builder company.
Further Order
The Tribunal granted the applicant permission to file a replication/rejoinder against the respondent's reply and scheduled the defective appeal for further orders on 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 scheduled for 21.09.2022.
Further Order
The Tribunal directed both parties to file a list of dates, events, and cited case laws at least 10 days before the next hearing scheduled for August 23, 2022.
Further Order
The Tribunal directed the appellant to pay Rs. 5000/- as costs 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.
Hearing
The Tribunal scheduled the matter for 04.04.2022 to consider 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 both parties to upload pleadings on the e-portal before the next hearing on 24.03.2022.
Delay condonation
The Tribunal granted a request by 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 an adjournment requested by the respondent's counsel due to illness 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 matter for hearing on 21.12.2021.
Notice
The Tribunal directed the respondent's counsel to file a Vakalatnama within one week and submit objections to the limitation application, scheduling the matter for September 8, 2021, to address the delay condonation application.
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 #0901126027932021-04-08-2023
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 focus on delivering possession.
Tribunal Order #0901126027932021-04-04-2022
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.
Tribunal Order #0901126027932021-23-08-2022
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant prior to the next hearing scheduled for 21.09.2022.
Tribunal Order #0901126027932021-09-05-2022
The Tribunal directed the appellant to pay Rs. 5000/- as costs 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 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 focus on delivering 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 focus on delivering 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 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 focus on delivering possession.
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.
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant prior to the next hearing scheduled for 21.09.2022.
The Tribunal directed the appellant to pay Rs. 5000/- as costs to the respondent and ordered both parties to file lists of dates, events, and cited cases at least seven days before the next hearing.
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