Appellant / Complainant
Pankaj Gupta, Neha Gupta
Respondent
Panchsheel Buildtech Pvt. Ltd.
panchsheel buildtech pvt. ltd.
₹9,02,500
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 0901126040272023 by Pankaj Gupta, Neha Gupta against Panchsheel Buildtech Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order and ruled that allottees who withdraw from a delayed project are entitled to seek compensation (including rent) before the Adjudicating Officer, even if they have already received a refund and interest from the Regulatory Authority.
Hearing
The court heard arguments from both parties regarding Appeal-586/2023 and has reserved the judgment for further consideration.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the case for orders or hearing to 15.10.2024.
Hearing
The matter is adjourned to 02.08.2024 for orders following a joint request from the counsel for both parties.
Admission
The Tribunal granted a request from both parties to adjourn the matter, scheduling the appeal for orders/hearing on 19.07.2024.
Admission
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the appeal for hearing on 09.07.2024.
Admission
The appeal is adjourned to 10.05.2024 because the counsel for the appellant is unable to attend due to an eye infection.
Admission
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for April 9, 2024.
Admission
The Tribunal granted the respondent 10 days to file objections and a vakalatnama, with a directive for the respondent to provide soft copies of said objections to the appellant's counsel.
Admission
The Tribunal issued notice to the respondent and outlined specific procedural requirements for service of notice via speed-post and email by the appellant, scheduling the next hearing for 30.10.2023.
Admission
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the matter for 18.09.2023.
Tribunal Order #0901126040272023-17-01-2025
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order and ruled that allottees who withdraw from a delayed project are entitled to seek compensation (including rent) before the Adjudicating Officer, even if they have already received a refund and interest from the Regulatory Authority.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order and ruled that allottees who withdraw from a delayed project are entitled to seek compensation (including rent) before the Adjudicating Officer, even if they have already received a refund and interest from the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order and ruled that allottees who withdraw from a delayed project are entitled to seek compensation (including rent) before the Adjudicating Officer, even if they have already received a refund and interest from the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. September, 2016 to April, 2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
- Manish Singh
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order and ruled that allottees who withdraw from a delayed project are entitled to seek compensation (including rent) before the Adjudicating Officer, even if they have already received a refund and interest from the Regulatory Authority.
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