Appellant / Complainant
Ravi Kapur
Respondent
Kindle Infra Heights Private Limited
kindle infra heights private limited
₹41,34,576
Respondent
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 0901126031652021 by Ravi Kapur against Kindle Infra Heights Private Limited before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Ravi Kapur, upholding the Regulatory Authority's order to refund the deposited amount with interest at MCLR+1% per annum.
Hearing
The Tribunal heard arguments regarding an appeal against a RERA order for refund and interest; the respondent argued that the principal amount has already been recovered via execution proceedings and that the appellant's request for higher interest rates lacks legal merit.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 20.02.2024.
Hearing
The Tribunal granted the respondent additional time to examine a cited judgment and adjourned the appeal for further hearing on 15.02.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing to 13.02.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 12.10.2023.
Hearing
The Tribunal directed the appellant's counsel to address the legal basis for claiming a 24% interest rate under the Act, 2016, regarding delays in possession, and rescheduled the hearing to 04.09.2023.
For Order
The Tribunal adjourned the appeal due to the unavailability of counsel for both parties and scheduled the matter for hearing on 24.05.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for orders on 17.04.2023.
Hearing
The Tribunal adjourned the appeal to 15.03.2023 because the counsel for the appellant was unable to attend the hearing.
Hearing
The Tribunal granted a request for an adjournment due to the counsel's unavailability and rescheduled the hearing for February 16, 2023.
Hearing
The Tribunal granted a mutual request for adjournment from both parties and rescheduled the hearing for December 12, 2022.
For Order
The Tribunal granted an adjournment request made on behalf of the appellant's counsel and rescheduled the hearing for November 16, 2022.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulty and scheduled the matter for hearing on 09.11.2022.
Hearing
The Tribunal granted a request for adjournment to allow for a potential amicable settlement between the parties and scheduled the matter for orders on 30.09.2022.
Further Order
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple opportunities and a final warning. The appeal is scheduled for hearing on 14.09.2022.
Further Order
The Tribunal granted a final 10-day extension to the respondent to file objections to the appeal and directed the next hearing to be held on 22.08.2022.
Further Order
The Tribunal granted an adjournment requested by the appellant and directed the respondent to file a reply within two weeks, with the next hearing scheduled for July 22, 2022.
Further Order
The case was adjourned in the interest of justice as no parties appeared for the hearing.
Further Order
The Tribunal directed the respondent to file a reply to the grounds of appeal and scheduled the matter for further orders on 07.04.2022.
Further Order
The Tribunal condoned a 113-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the Registry to convert the defective appeal into a regular appeal.
Notice
The Tribunal granted the respondent one additional opportunity to file an objection to the limitation application and adjourned the matter to 04.01.2022.
Delay condonation
The Tribunal noted that the applicant has rectified registry defects but observed that the appeal was filed late; consequently, notice is to be issued to the respondent and the matter is listed for 30.11.2021.
Tribunal Order #0901126031652021-09-05-2024
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Ravi Kapur, upholding the Regulatory Authority's order to refund the deposited amount with interest at MCLR+1% per annum.
Tribunal Order #0901126031652021-20-02-2024
The Tribunal heard arguments regarding an appeal against a RERA order for refund and interest; the respondent argued that the principal amount has already been recovered via execution proceedings and that the appellant's request for higher interest rates lacks legal merit.
Tribunal Order #0901126031652021-04-08-2023
The Tribunal directed the appellant's counsel to address the legal basis for claiming a 24% interest rate under the Act, 2016, regarding delays in possession, and rescheduled the hearing to 04.09.2023.
Tribunal Order #0901126031652021-04-01-2022
The Tribunal condoned a 113-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126031652021-22-08-2022
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple opportunities and a final warning. The appeal is scheduled for hearing on 14.09.2022.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Ravi Kapur, upholding the Regulatory Authority's order to refund the deposited amount with interest at MCLR+1% per annum. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Ravi Kapur, upholding the Regulatory Authority's order to refund the deposited amount with interest at MCLR+1% per annum.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit of money in case the allottee wishes to withdraw from the project; and from the specified/expected date of possession in case the allottee wishes to stay in the project
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tanay Hazari
Respondent Advocate(s)
- Sunendra Kumar
Official RERA Tribunal Orders (5)
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Ravi Kapur, upholding the Regulatory Authority's order to refund the deposited amount with interest at MCLR+1% per annum.
The Tribunal heard arguments regarding an appeal against a RERA order for refund and interest; the respondent argued that the principal amount has already been recovered via execution proceedings and that the appellant's request for higher interest rates lacks legal merit.
The Tribunal directed the appellant's counsel to address the legal basis for claiming a 24% interest rate under the Act, 2016, regarding delays in possession, and rescheduled the hearing to 04.09.2023.
The Tribunal condoned a 113-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple opportunities and a final warning. The appeal is scheduled for hearing on 14.09.2022.
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