Appellant / Complainant
Vibha Pandey
Respondent
Pratham Buildcon Private Limited
pratham buildcon private limited
₹25,00,000
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 0901126032542022 by Vibha Pandey against Pratham Buildcon Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at MCLR+1% per annum from the date of deposit until actual refund.
Hearing
The appellant is challenging the Regulatory Authority's order regarding a delay in project possession, seeking a full refund of deposited amounts with interest instead of mere possession. The Tribunal heard arguments concerning the applicability of Supreme Court precedents and the respondent's failure to meet the Builder Buyer's Agreement timelines.
Hearing
The Tribunal granted a request for adjournment by the respondent's counsel and scheduled the appeal for hearing on 20.07.2023.
Exchange of pleadings
The Tribunal granted the respondent a one-week extension to file objections to the grounds of appeal and scheduled the next hearing for 14.07.2023.
Further Order
The Tribunal noted that the appeal was filed within time and directed the respondent to file a reply to the grounds of appeal before the next hearing date.
Further Order
The Tribunal granted the respondent additional time to file objections to the delay condonation application and a reply to the grounds of appeal, scheduling the next hearing for November 10, 2022.
Hearing
The Tribunal noted the appellant's affidavit of service regarding notice to the respondent and adjourned the matter to 09.09.2022 for further orders.
Hearing
The Tribunal issued notice to the respondent regarding Appeal-400/2022 and directed the appellant to serve the notice via speed-post and email, scheduling the next hearing for August 10, 2022.
Hearing
The Tribunal directed the Registry to resolve a technical issue regarding the visibility of additional documents uploaded on 10.07.2022 and scheduled the matter for hearing on 13.07.2022.
Hearing on Appeal
The Tribunal granted the appellant's counsel two days to comply with the previous order dated 30.06.2022 and scheduled the appeal for hearing on 11.07.2022.
Hearing on Appeal
The Tribunal granted the appellant two days to provide evidence regarding the project's construction start date and scheduled the next hearing for July 7, 2022.
Tribunal Order #0901126032542022-20-07-2023
The appellant is challenging the Regulatory Authority's order regarding a delay in project possession, seeking a full refund of deposited amounts with interest instead of mere possession. The Tribunal heard arguments concerning the applicability of Supreme Court precedents and the respondent's failure to meet the Builder Buyer's Agreement timelines.
Tribunal Order #0901126032542022-02-08-2023
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at MCLR+1% per annum from the date of deposit until actual refund.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at MCLR+1% per annum from the date of deposit until actual refund. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum of the State Bank of India.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at MCLR+1% per annum from the date of deposit until actual refund.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum of the State Bank of India
Interest Period
from the date of the deposits till the refund of the same
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Official RERA Tribunal Orders (2)
The appellant is challenging the Regulatory Authority's order regarding a delay in project possession, seeking a full refund of deposited amounts with interest instead of mere possession. The Tribunal heard arguments concerning the applicability of Supreme Court precedents and the respondent's failure to meet the Builder Buyer's Agreement timelines.
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at MCLR+1% per annum from the date of deposit until actual refund.
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