Appellant / Complainant
Saurabh Raj
Respondent
Agrani Homes Pvt Ltd
agrani homes pvt ltd
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 0901126039692021 by Saurabh Raj against Agrani Homes Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at a rate of MCLR+1% from the date of deposit until the full refund is paid, ruling that the promoter is liable for interest under Section 18 of the Act.
Hearing
The Tribunal noted the respondent's continued absence and failure to file objections despite multiple opportunities, resulting in the matter proceeding ex-parte. After hearing arguments from the appellant, the Tribunal reserved its judgment.
Hearing
The Tribunal noted the absence of the respondent and rescheduled the appeal for hearing on 06.08.2024.
Hearing
The Tribunal granted the respondent a final opportunity to appear and address legal issues, scheduling the matter for hearing on 25.07.2024.
Hearing
The Tribunal noted the absence of both parties and ordered the appeal to be listed for orders/hearing on 16.05.2024.
Hearing
The Tribunal granted the appellant's request to adjourn the matter and scheduled the appeal for orders/hearing on 22.04.2024.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-611/2021 to 18.04.2024.
Hearing
The Tribunal noted the absence of both parties and adjourned the appeal to be listed for hearing or orders on March 20, 2024.
Hearing
Upon the joint request of the counsel for both parties, the matter has been adjourned to 07.03.2024 for hearing.
Hearing
The Tribunal granted a 10-day extension to the respondent for filing objections and directed that the matter be listed for hearing on March 6, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for November 6, 2023.
Hearing
The Tribunal granted a one-week extension to the appellant's counsel to file a reply to the show cause notice dated 18.03.2023 due to health reasons and adjourned the matter to 25.05.2023.
Hearing
The Tribunal issued a show cause notice to the respondent's counsel, Sri Sanjay Awasthi, for non-appearance despite being on record, and directed that his conduct may be referred to the Bar Council of Uttar Pradesh following his response.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a scheduling conflict and scheduled the matter for final hearing on 03.03.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for January 31, 2023.
Hearing
The Tribunal directed the Registrar to remove a wrongly uploaded order from another case and adjourned the matter for an ex parte hearing on 30.11.2022 due to the appellant's lack of preparedness.
Ex-Parte
The Tribunal granted a request by the appellant's counsel to reschedule the hearing/orders for this appeal to 01.11.2022.
Final Hearing
The Tribunal adjourned the appeal to 22.09.2022 following a joint request from the counsels for both parties.
Final Hearing
The Tribunal directed that the matter proceed ex-parte against the respondent due to their failure to file an objection, while ordering a final notice of the ex-parte hearing to be sent to the respondent before the next hearing on 12.09.2022.
Final Hearing
The Tribunal granted the appellant one week's extension to file a copy of the registered agreement to sale and rescheduled the appeal hearing for 23.08.2022.
Hearing
The Tribunal noted the respondent's absence and granted the appellant three days to file a legible copy of the agreement before listing the matter for hearing on 02.08.2022.
Hearing
The Tribunal noted the absence of the respondent and ordered that the appeal proceed ex-parte, scheduling the matter for an ex-parte hearing on 27.07.2022.
Hearing
The Tribunal noted the presence of the appellant's counsel and, due to the absence of the respondent, adjourned the matter to 16.05.2022 for final hearing.
Exchange of pleadings
The Tribunal granted the respondent a final one-week extension to file objections to the appeal, warning that the matter will proceed ex parte if they fail to appear or file on the next date.
to file objections and its reply
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal and scheduled the case for final hearing on 25.04.2022.
Further Order
The Tribunal granted the respondent ten days to file objections to the appeal and directed both parties to exchange replies via email and upload documents to the e-portal before the next hearing on 11.03.2022.
Further Order
The Tribunal granted a request for adjournment made by the appellant's counsel and rescheduled the appeal for hearing on 11.01.2022.
Further Order
The Tribunal noted that the parties are likely to settle the matter and adjourned the appeal to 22.12.2021 for further orders.
Further Order
This is a procedural order noting the appearance of counsel for both parties during the case call on November 24, 2021.
Notice
The Tribunal adjourned the matter to 27.10.2021 to allow the parties to file a settlement deed following an out-of-court settlement.
Hearing on Appeal
The Tribunal noted that the appeal was filed within time and directed that notice be issued to the respondent via registered post and e-mail, with the matter listed for further orders on 08.10.2021.
Tribunal Order #0901126039692021-03-03-2023
The Tribunal issued a show cause notice to the respondent's counsel, Sri Sanjay Awasthi, for non-appearance despite being on record, and directed that his conduct may be referred to the Bar Council of Uttar Pradesh following his response.
Tribunal Order #0901126039692021-01-11-2022
The Tribunal directed the Registrar to remove a wrongly uploaded order from another case and adjourned the matter for an ex parte hearing on 30.11.2022 due to the appellant's lack of preparedness.
Tribunal Order #0901126039692021-25-04-2022
The Tribunal granted the respondent a final one-week extension to file objections to the appeal, warning that the matter will proceed ex parte if they fail to appear or file on the next date.
Tribunal Order #0901126039692021-14-11-2024
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at a rate of MCLR+1% from the date of deposit until the full refund is paid, ruling that the promoter is liable for interest under Section 18 of the Act.
Tribunal Order #0901126039692021-23-08-2022
The Tribunal directed that the matter proceed ex-parte against the respondent due to their failure to file an objection, while ordering a final notice of the ex-parte hearing to be sent to the respondent before the next hearing on 12.09.2022.
Tribunal Order #0901126039692021-06-08-2024
The Tribunal noted the respondent's continued absence and failure to file objections despite multiple opportunities, resulting in the matter proceeding ex-parte. After hearing arguments from the appellant, the Tribunal reserved its judgment.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at a rate of MCLR+1% from the date of deposit until the full refund is paid, ruling that the promoter is liable for interest under Section 18 of the Act. 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 grant the appellant interest at a rate of MCLR+1% from the date of deposit until the full refund is paid, ruling that the promoter is liable for interest under Section 18 of the Act.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of respective deposits till the refund of the entire amount to the appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Sanjay Awasthi
Official RERA Tribunal Orders (6)
The Tribunal issued a show cause notice to the respondent's counsel, Sri Sanjay Awasthi, for non-appearance despite being on record, and directed that his conduct may be referred to the Bar Council of Uttar Pradesh following his response.
The Tribunal directed the Registrar to remove a wrongly uploaded order from another case and adjourned the matter for an ex parte hearing on 30.11.2022 due to the appellant's lack of preparedness.
The Tribunal granted the respondent a final one-week extension to file objections to the appeal, warning that the matter will proceed ex parte if they fail to appear or file on the next date.
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at a rate of MCLR+1% from the date of deposit until the full refund is paid, ruling that the promoter is liable for interest under Section 18 of the Act.
The Tribunal directed that the matter proceed ex-parte against the respondent due to their failure to file an objection, while ordering a final notice of the ex-parte hearing to be sent to the respondent before the next hearing on 12.09.2022.
The Tribunal noted the respondent's continued absence and failure to file objections despite multiple opportunities, resulting in the matter proceeding ex-parte. After hearing arguments from the appellant, the Tribunal reserved its judgment.
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