Appellant / Complainant
Nitish Bhardwaj
Respondent
Pratham Buildcon Private Limited
pratham buildcon private limited
₹5,00,000
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 0901126028032024 by Nitish Bhardwaj against Pratham Buildcon Private Limited before up_rera.
Defect Removal
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent's offer of possession was illegal due to the absence of valid Completion and Occupancy Certificates; consequently, the appellant is entitled to a full refund of their deposit with interest at MCLR+1%.
Defect Removal
The Tribunal granted an adjournment requested by the respondent and scheduled the case for final hearing on 22.04.2026, noting that no further adjournments will be permitted for the respondent.
Defect Removal
The Tribunal granted an adjournment requested by the appellant's counsel and directed that pleadings be exchanged before the next hearing scheduled for 18.03.2026.
Defect Removal
The Tribunal granted the appellant's request to adjourn the hearing to 17.02.2026 and directed the Registry to update the authorized representative's name from Shri Harish Pandey to Shri Vijay Gupta.
Defect Removal
The Tribunal adjourned the appeal to 15.01.2026 at the request of the parties and directed both parties to submit dates and events in the interim.
Defect Removal
At the request of the respondent's counsel, the appeal has been adjourned and rescheduled for orders or hearing on December 8, 2025.
Defect Removal
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing/orders on 30.10.2025.
Defect Removal
The respondent's counsel requested an adjournment, and the Tribunal subsequently rescheduled the appeal for hearing on 24.09.2025.
Delay condonation
The Tribunal has granted a request to list the appeal for hearing on 19.08.2025.
Delay condonation
Upon the joint request of the counsel for both parties, the matter is adjourned and listed for orders/hearing on 21.07.2025.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to him being out of station and rescheduled the case for orders on 29.05.2025.
Delay condonation
The Tribunal granted a request to list the appeal for orders/hearing on 06.05.2025 and directed the appellant to file a rejoinder in the interim.
Delay condonation
The Tribunal granted the respondent one week to file objections and scheduled the appeal for hearing on April 21, 2025, regarding the application for condonation of delay.
Hearing
The Tribunal has adjourned the appeal to 03.04.2025 upon the joint request of both parties and directed that pleadings be exchanged in the interim.
Hearing
The Tribunal has adjourned the appeal to 10.03.2025 and directed that pleadings be completed in the interim.
Hearing
The Tribunal noted the withdrawal of an erroneous adjournment application and directed the respondent to file objections to the condonation of delay and the memo of appeal within 10 days.
Defect Removal
The Tribunal granted a request from the appellant's counsel to adjourn the appeal and rescheduled the matter for hearing on 06.12.2024, allowing time for objections to be filed.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal and directed the appellant to serve the notice via speed-post and email, scheduling the matter for hearing on 07.11.2024.
Defect Removal
The Tribunal granted the appellant three days to rectify procedural defects in the appeal and rescheduled the matter for hearing on 30.09.2024.
Tribunal Order #0901126028032024-22-04-2026
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent's offer of possession was illegal due to the absence of valid Completion and Occupancy Certificates; consequently, the appellant is entitled to a full refund of their deposit with interest at MCLR+1%.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent's offer of possession was illegal due to the absence of valid Completion and Occupancy Certificates; consequently, the appellant is entitled to a full refund of their deposit with interest at MCLR+1%. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent's offer of possession was illegal due to the absence of valid Completion and Occupancy Certificates; consequently, the appellant is entitled to a full refund of their deposit with interest at MCLR+1%.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of deposit till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vijay Gupta
- Harprit Singh Arora
Respondent Advocate(s)
- Abhishek Shukla
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent's offer of possession was illegal due to the absence of valid Completion and Occupancy Certificates; consequently, the appellant is entitled to a full refund of their deposit with interest at MCLR+1%.
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