Appellant / Complainant
Narvada Agarwal
Respondent
SJP Hotels and Resorts Pvt. Ltd.
sjp hotels and resorts pvt. ltd.
₹11,48,587
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 0901126029172021 by Narvada Agarwal against SJP Hotels and Resorts Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to refund the deposited amount after a 30% deduction, instead directing the respondent to comply with the original order to restore the unit or provide an equivalent one and execute the conveyance deed within 45 days.
Final Hearing
The Tribunal heard arguments from both parties regarding the appeal against the Regulatory Authority's order and has reserved its judgment.
Final Hearing
The court granted a request from the respondent's counsel to adjourn the matter and scheduled the appeal for hearing on 21.08.2023.
Final Hearing
The Tribunal granted a request for more time to prepare briefs and adjourned the appeal to be heard on 06.07.2023.
Final Hearing
The order records that the respondent's counsel was out of station and notes the appellant's submission that pleadings are complete and the appeal is ready for hearing.
Final Hearing
The Tribunal granted a request from the counsels of both parties to adjourn the matter and rescheduled the hearing for 08.02.2023.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a final hearing on January 4, 2023.
Final Hearing
The Tribunal granted the appellant time to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 14.10.2022.
Final Hearing
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for September 13, 2022.
Final Hearing
The Tribunal granted the appellant 10 days to file a reply against the respondent's objections and scheduled the appeal for hearing on 16.08.2022.
Final Hearing
The Tribunal adjourned the appeal to 27.07.2022 because the respondent's counsel was on sanctioned leave.
Final Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal along with a delay condonation application and adjourned the matter to 19.05.2022.
Final Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal within 15 days and scheduled the next hearing for April 18, 2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant and directed the respondent to file their Vakalatnama, objections to the limitation application, and objections to the grounds of appeal.
Final Hearing
The Tribunal granted the respondent a final opportunity to file objections to the memo of appeal and directed them to serve a copy via email, scheduling the next hearing for December 22, 2021.
Hearing
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Motu orders regarding the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The U.P. Real Estate Appellate Tribunal stayed the operation of the Regulatory Authority's order dated 04.01.2020, which had mandated the execution of a sale deed or imposed a 30% penalty on the appellant.
Notice
The Tribunal directed the parties to explore a settlement through Lok Adalat scheduled for 11.09.2021 and ordered counsel to rectify procedural defects regarding dress code and filing of physical Vakalatnama.
Defect Removal
The Tribunal allowed the appellant's application for an extension of time to file a certified copy of the Regulatory Authority's order and directed that notice be issued to the respondent.
Tribunal Order #0901126029172021-15-09-2023
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to refund the deposited amount after a 30% deduction, instead directing the respondent to comply with the original order to restore the unit or provide an equivalent one and execute the conveyance deed within 45 days.
Tribunal Order #0901126029172021-11-11-2021
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Motu orders regarding the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126029172021-21-09-2021
The U.P. Real Estate Appellate Tribunal stayed the operation of the Regulatory Authority's order dated 04.01.2020, which had mandated the execution of a sale deed or imposed a 30% penalty on the appellant.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to refund the deposited amount after a 30% deduction, instead directing the respondent to comply with the original order to restore the unit or provide an equivalent one and execute the conveyance deed within 45 days. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to refund the deposited amount after a 30% deduction, instead directing the respondent to comply with the original order to restore the unit or provide an equivalent one and execute the conveyance deed within 45 days.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Harish Pandey
- Saurabh Misra
- Priyam Sinha
Official RERA Tribunal Orders (3)
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction to refund the deposited amount after a 30% deduction, instead directing the respondent to comply with the original order to restore the unit or provide an equivalent one and execute the conveyance deed within 45 days.
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Motu orders regarding the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
The U.P. Real Estate Appellate Tribunal stayed the operation of the Regulatory Authority's order dated 04.01.2020, which had mandated the execution of a sale deed or imposed a 30% penalty on the appellant.
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