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 0901126027952021 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 provide possession of the unit.
Hearing
The order is a routine procedural listing directing the matter to be put up for hearing 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 on 15.05.2023, with oral arguments to follow if no settlement is reached.
Further Order
The Tribunal adjourned the matter to 06.12.2022 following a submission by the respondent that a moratorium has been issued by the NCLT regarding their company.
Further Order
The Tribunal heard arguments regarding the appellant's claim for possession of a flat and the respondent's contention regarding unpaid loan amounts under a tripartite agreement; the matter is adjourned 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 before the next hearing date.
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 Rs. 5000/- as costs to the respondent and ordered both parties to file lists of dates and relied-upon 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 adjourned the matter to 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 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 request made by the counsel for the respondent due to illness and rescheduled the case for 24.01.2022.
Hearing
The Tribunal adjourned the case 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 to submit objections to the limitation application online and in physical form before the next hearing on 08.09.2021.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal and its delay condonation application, scheduling the matter for a hearing on 17.08.2021.
Tribunal Order #0901126027952021-04-08-2023
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 provide possession of the unit.
Tribunal Order #0901126027952021-23-08-2022
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant before the next hearing date.
Tribunal Order #0901126027952021-04-04-2022
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 #0901126027952021-09-05-2022
The Tribunal directed the appellant to pay Rs. 5000/- as costs to the respondent and ordered both parties to file lists of dates and relied-upon 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 provide possession of the unit. 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 provide possession of the unit.
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 provide possession of the unit.
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant before the next hearing date.
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 directed the appellant to pay Rs. 5000/- as costs to the respondent and ordered both parties to file lists of dates and relied-upon cases at least seven days before the next hearing.
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