Appellant / Complainant
Manju Gupta
Respondent
La-Residentia Developers Pvt Ltd
la-residentia developers pvt ltd
₹35,62,426
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 0901126036012023 by Manju Gupta against La-Residentia Developers Pvt Ltd before up_rera.
Hearing
The Tribunal modified the Regulatory Authority's order to mandate that the respondent/promoter must forthwith refund the appellant's deposit with interest (MCLR+1%) within 45 days, ruling that an allottee's right to withdraw from a delayed project under Section 18 of the RERA Act is absolute and cannot be conditioned on a future completion date.
Hearing
The court adjourned today's proceedings following an adjournment application by the respondent's counsel and scheduled the next hearing for November 14, 2024, noting that no further adjournments will be granted.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a final hearing on 16.10.2024.
Hearing
The Tribunal recorded that pleadings have been exchanged and, upon joint request from both counsels, adjourned the matter to 05.09.2024 for hearing.
Admission
The Tribunal granted the appellant additional time to study two Supreme Court judgments uploaded by the respondent and rescheduled the hearing for August 6, 2024.
Admission
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the hearing for July 9, 2024.
Admission
The Tribunal granted the appellant's counsel a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for May 10, 2024.
Admission
The Tribunal granted the appellant one week to file a reply to the objections raised by the respondent and scheduled the next hearing for 09.04.2024.
Admission
The Tribunal granted the respondent a final 10-day extension to file objections to the appeal and directed that a soft copy be sent to the appellant's counsel.
Admission
The Tribunal granted the respondent two weeks to file objections to the appeal and directed both parties to exchange copies via email and upload their respective filings to the e-portal before the next hearing on 30.10.2023.
Admission
The Tribunal adjourned the proceedings to 18.09.2023 due to a strike called by the Bar Council of Uttar Pradesh and the absence of legal counsel.
Tribunal Order #0901126036012023-14-11-2024
The Tribunal modified the Regulatory Authority's order to mandate that the respondent/promoter must forthwith refund the appellant's deposit with interest (MCLR+1%) within 45 days, ruling that an allottee's right to withdraw from a delayed project under Section 18 of the RERA Act is absolute and cannot be conditioned on a future completion date.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the Regulatory Authority's order to mandate that the respondent/promoter must forthwith refund the appellant's deposit with interest (MCLR+1%) within 45 days, ruling that an allottee's right to withdraw from a delayed project under Section 18 of the RERA Act is absolute and cannot be conditioned on a future completion date. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the Regulatory Authority's order to mandate that the respondent/promoter must forthwith refund the appellant's deposit with interest (MCLR+1%) within 45 days, ruling that an allottee's right to withdraw from a delayed project under Section 18 of the RERA Act is absolute and cannot be conditioned on a future completion date.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Shukla
- Anuruddha Singh
- Anand Verma
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (1)
The Tribunal modified the Regulatory Authority's order to mandate that the respondent/promoter must forthwith refund the appellant's deposit with interest (MCLR+1%) within 45 days, ruling that an allottee's right to withdraw from a delayed project under Section 18 of the RERA Act is absolute and cannot be conditioned on a future completion date.
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