Appellant / Complainant
Mamta Gupta
Respondent
Deserve Builders & Developer Limited
deserve builders & developer limited
₹4,00,868
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 0901126035452022 by Mamta Gupta against Deserve Builders & Developer Limited before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the U.P. RERA Authority's order and directed the respondent promoter to refund the balance amount of Rs. 4,00,868/- to the appellant, along with interest at MCLR+1% from August 4, 2018, until the date of payment.
Hearing
The court heard arguments from both counsels regarding the appeal and its objections, subsequently reserving the judgment for a later date.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply and scheduled the appeal for a final hearing on 28.05.2025, stipulating that no further adjournments will be permitted.
Hearing
The Tribunal heard arguments from both parties and scheduled the appeal for final hearing or further arguments on 26.05.2025.
Hearing
Upon the joint request of counsel for both parties, the appeal has been adjourned and rescheduled for a hearing on 16.05.2025.
Hearing
The Tribunal adjourned the appeal to 07.05.2025 at the request of the respondent's counsel and noted that the matter will proceed ex-parte if the appellant fails to appear on the next date.
Hearing
The Tribunal has adjourned the appeal to 16.04.2025 following a joint request from the counsel for both the appellant and the respondent.
Hearing
The Tribunal granted a final adjournment to the respondent's counsel and rescheduled the hearing for April 2, 2025, warning that the appeal will be decided based on available records if the party fails to appear.
Hearing
At the request of the parties, the Tribunal has adjourned the appeal to be listed for hearing on March 7, 2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 07.02.2025.
Hearing
Upon the joint request of both parties, the Tribunal has rescheduled the hearing for Appeal-454/2022 to January 16, 2025.
for delivery of Judgment/Order
The Tribunal allowed the respondent's application to recall the order dated 31.01.2023, thereby reopening the opportunity for the respondent to file objections and directing the appellant to file a reply to those objections.
For Order
The Tribunal heard arguments regarding the respondent's application for recall of an order dated 31.01.2023 and reserved the order for judgment.
For Order
The Tribunal granted the respondent a final opportunity to file a reply to the appellant's objections regarding a recall application and adjourned the matter to 20.08.2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 23.07.2024.
For Order
The Tribunal noted the absence of the respondent's counsel and rescheduled the appeal for hearing/orders on 23.05.2024.
For Order
The matter is adjourned to 23.04.2024 for orders/hearing upon the request of the respondent's counsel.
For Order
The tribunal adjourned the proceedings due to a request for adjournment from the appellant's counsel citing personal urgent work and rescheduled the hearing for 01.04.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 26.02.2024.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
For Order
The Tribunal granted the appellant one week to file objections to the respondent's better affidavit and scheduled the hearing for the application to recall the order dated 31.01.2023 for 05.09.2023.
For Order
The Tribunal noted that the respondent uploaded objections in violation of a previous order closing the opportunity to file them and directed the respondent's counsel to explain this procedural lapse.
For Order
The court granted an adjournment requested by the respondent's counsel and rescheduled the case to 18.05.2023 for consideration of an application to recall the order dated 31.01.2023.
For Order
The Tribunal granted the appellant one week to file a reply to the respondent's application for recall of the order dated 31.01.2023 and scheduled the matter for hearing on 22.03.2023.
For Order
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines and the statutory mandate of Section 44(5) of the Act, 2016, while allowing the respondent to assist the Tribunal based on existing records.
For Order
The Tribunal granted an adjournment due to the appellant's counsel's illness and allowed the respondent 10 days to file objections to the grounds of appeal.
Delay condonation
The Tribunal allowed the application for condonation of delay due to the appellant's Stage-4 ovarian cancer treatment and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for orders on 23.11.2022.
For Order
The Tribunal granted the appellant one week to file a better affidavit in support of their application for condonation of delay and scheduled the matter for hearing on 18.10.2022.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the applicant and failure to file an affidavit of service.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant's counsel to serve the appeal documents via speed post and email.
Tribunal Order #0901126035452022-26-09-2025
The Appellate Tribunal set aside the U.P. RERA Authority's order and directed the respondent promoter to refund the balance amount of Rs. 4,00,868/- to the appellant, along with interest at MCLR+1% from August 4, 2018, until the date of payment.
Tribunal Order #0901126035452022-23-10-2024
The Tribunal allowed the respondent's application to recall the order dated 31.01.2023, thereby reopening the opportunity for the respondent to file objections and directing the appellant to file a reply to those objections.
Tribunal Order #0901126035452022-18-05-2023
The Tribunal noted that the respondent uploaded objections in violation of a previous order closing the opportunity to file them and directed the respondent's counsel to explain this procedural lapse.
Tribunal Order #0901126035452022-31-01-2023
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines and the statutory mandate of Section 44(5) of the Act, 2016, while allowing the respondent to assist the Tribunal based on existing records.
Tribunal Order #0901126035452022-23-11-2022
The Tribunal allowed the application for condonation of delay due to the appellant's Stage-4 ovarian cancer treatment and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the U.P. RERA Authority's order and directed the respondent promoter to refund the balance amount of Rs. 4,00,868/- to the appellant, along with interest at MCLR+1% from August 4, 2018, until the date of payment. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the U.P. RERA Authority's order and directed the respondent promoter to refund the balance amount of Rs. 4,00,868/- to the appellant, along with interest at MCLR+1% from August 4, 2018, until the date of payment.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of seeking refund i.e. 04.08.2018 till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Padmanabh Tiwari
- Ved Prakash Mishra
Respondent Advocate(s)
- Gautam Johri
Official RERA Tribunal Orders (5)
The Appellate Tribunal set aside the U.P. RERA Authority's order and directed the respondent promoter to refund the balance amount of Rs. 4,00,868/- to the appellant, along with interest at MCLR+1% from August 4, 2018, until the date of payment.
The Tribunal allowed the respondent's application to recall the order dated 31.01.2023, thereby reopening the opportunity for the respondent to file objections and directing the appellant to file a reply to those objections.
The Tribunal noted that the respondent uploaded objections in violation of a previous order closing the opportunity to file them and directed the respondent's counsel to explain this procedural lapse.
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines and the statutory mandate of Section 44(5) of the Act, 2016, while allowing the respondent to assist the Tribunal based on existing records.
The Tribunal allowed the application for condonation of delay due to the appellant's Stage-4 ovarian cancer treatment and directed the Registry to convert the defective appeal into a regular appeal.
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