Appellant / Complainant
Rohit 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 0901126027972021 by Rohit 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 case rescheduled for hearing on 24.05.2023.
Further Hearing
The Tribunal granted a request for an amicable settlement period and scheduled the appeal for orders on 15.05.2023, noting that oral arguments will proceed if no settlement is reached.
Further Hearing
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 promised to upload the relevant order.
Further Order
The Tribunal heard arguments regarding the appellant's claim for possession versus the respondent's claim of unpaid loan obligations and scheduled the matter 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 before the next hearing scheduled for 21.09.2022.
Further Order
The Tribunal directed the parties to exchange and file a list of dates, events, and cited case laws at least 10 days prior to the next hearing scheduled for August 23, 2022.
Further Order
The Tribunal directed the appellant to pay a cost of Rs. 5000/- 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 defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal adjourned the matter to 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 regarding the application for condonation of delay and directed the parties to exchange documents via email before the next hearing on 24.03.2022.
Delay condonation
The Tribunal granted an adjournment requested by the counsel for the appellant and rescheduled the case for hearing on 28.01.2022.
Delay condonation
The Tribunal granted the appellant a short extension of time to file a rejoinder and scheduled the defective appeal for further orders on 05.01.2022.
Delay condonation
The Tribunal heard arguments regarding a limitation application and granted the appellant's request to file a rejoinder affidavit, adjourning the matter to 21.12.2021.
Delay condonation
The Tribunal granted an adjournment due to the counsel's inability to attend and rescheduled the hearing for November 23, 2021.
Hearing
The Tribunal directed the parties to negotiate a potential settlement via email and instructed the respondent to file any objections through email, adjourning the matter to 28.09.2021.
Notice
The Tribunal directed the respondent's counsel to file a Vakalatnama within one week and to submit an objection to the limitation application online and in physical form. The matter is scheduled for 08.09.2021 to address the delay condonation application.
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 #0901126027972021-04-08-2023
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 #0901126027972021-04-04-2022
The Tribunal condoned a 707-day delay in filing the appeal, subject to a cost of Rs. 10,000, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126027972021-23-08-2022
The Tribunal directed the respondent to submit a demand letter and specify the amount recoverable from the appellant before the next hearing scheduled for 21.09.2022.
Tribunal Order #0901126027972021-09-05-2022
The Tribunal directed the appellant to pay a cost of Rs. 5000/- 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 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
- Vikas Kumar Verma
- Krishna Kumar Singh
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 fulfill its obligation to deliver possession.
The Tribunal condoned a 707-day delay in filing the appeal, subject to a cost of Rs. 10,000, and directed the defective appeal 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 before the next hearing scheduled for 21.09.2022.
The Tribunal directed the appellant to pay a cost of Rs. 5000/- 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.
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