Appellant / Complainant
Ratnakar Gedam
Respondent
Devika Gold Homz Pvt. Ltd.
devika gold homz pvt. ltd.
₹15,32,706
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 0901126044352023 by Ratnakar Gedam against Devika Gold Homz Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal allowed the appeals, setting aside the Regulatory Authority's order and the developer's cancellation of allotments, while directing the respondent to refund the deposited amounts for three units with interest (MCLR+1%) and pay litigation costs.
Hearing
The Tribunal noted the High Court's direction regarding a previously imposed cost of Rs. 50,000 and, after hearing arguments on the merits of the appeal, reserved its judgment.
Hearing
The Tribunal granted a request from the respondent's counsel to list the appeal for orders or hearing on 30.07.2025.
Hearing
The Tribunal rejected the respondent's application to recall a cost of Rs. 50,000 imposed on them, noting that repeated adjournments were being used to harass the appellant.
Hearing
The Tribunal granted the respondent additional time to file a rejoinder to the appellant's objections regarding a recall application and scheduled the matter for hearing on 07.05.2025.
Hearing
The Tribunal has scheduled the appeal for 15.04.2025 to hear a recall application filed by the respondent and directed the appellant to file objections to said application.
Hearing
The Tribunal imposed a cost of Rs. 50,000 on the respondent for non-cooperation and repeated requests for adjournment, further warning that the case will proceed ex parte if the respondent fails to appear at the next hearing.
Further Hearing
The Tribunal has scheduled the case for orders or final hearing on March 17, 2025.
Further Hearing
Upon the joint request of the counsels for both parties, the Tribunal has rescheduled the hearing of Appeal-635/2023 to 12.02.2025.
Further Hearing
At the request of the respondent's counsel, the appeal has been rescheduled for a hearing on 24.01.2025, with a clarification that no further adjournments will be granted.
Hearing
The Tribunal adjourned the hearing of Appeal-635/2023 to 19.12.2024 following a request from the respondent's counsel.
Hearing
The Tribunal granted an adjournment requested by the respondent, subject to a cost of Rs. 10,000/- to be paid by the respondent to the appellant, and scheduled the next hearing for 22.11.2024.
Admission
The Tribunal granted the respondent a final opportunity to argue the matter on the next date and ordered that no further adjournments will be permitted, stating the appeal will be decided based on available records if parties fail to appear.
Admission
The Tribunal noted the filing of the appellant's rejoinder to the respondent's objections and, upon joint request from both parties, adjourned the matter for final hearing on 20.09.2024.
Admission
The Tribunal granted the appellant three days to file a rejoinder to the respondent's objections and scheduled the matter for hearing on 20.08.2024.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for May 20, 2024.
Delay condonation
The Tribunal granted a final one-week extension to the respondent to file objections and vakalatnama, while also reprimanding the respondent's counsel for improper adjournment procedures.
Admission
The Tribunal granted the respondent 10 days to file objections and directed them to provide a soft copy to the applicant, scheduling the next hearing for March 14, 2024.
Admission
The Tribunal issued notice to the respondent and outlined the procedural timeline for service of appeal documents, filing objections, and subsequent replies before the next hearing on 09.11.2023.
Tribunal Order #0901126044352023-22-05-2025
The Tribunal rejected the respondent's application to recall a cost of Rs. 50,000 imposed on them, noting that repeated adjournments were being used to harass the appellant.
Tribunal Order #0901126044352023-17-10-2025
The U.P. Real Estate Appellate Tribunal allowed the appeals, setting aside the Regulatory Authority's order and the developer's cancellation of allotments, while directing the respondent to refund the deposited amounts for three units with interest (MCLR+1%) and pay litigation costs.
Tribunal Order #0901126044352023-30-07-2025
The Tribunal noted the High Court's direction regarding a previously imposed cost of Rs. 50,000 and, after hearing arguments on the merits of the appeal, reserved its judgment.
Tribunal Order #0901126044352023-17-03-2025
The Tribunal imposed a cost of Rs. 50,000 on the respondent for non-cooperation and repeated requests for adjournment, further warning that the case will proceed ex parte if the respondent fails to appear at the next hearing.
Tribunal Order #0901126044352023-17-10-2024
The Tribunal granted an adjournment requested by the respondent, subject to a cost of Rs. 10,000/- to be paid by the respondent to the appellant, and scheduled the next hearing for 22.11.2024.
Tribunal Order #0901126044352023-20-09-2024
The Tribunal granted the respondent a final opportunity to argue the matter on the next date and ordered that no further adjournments will be permitted, stating the appeal will be decided based on available records if parties fail to appear.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal allowed the appeals, setting aside the Regulatory Authority's order and the developer's cancellation of allotments, while directing the respondent to refund the deposited amounts for three units with interest (MCLR+1%) and pay litigation costs. 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 allowed the appeals, setting aside the Regulatory Authority's order and the developer's cancellation of allotments, while directing the respondent to refund the deposited amounts for three units with interest (MCLR+1%) and pay litigation costs.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- A
- Samrat Vaish
Respondent Advocate(s)
- Siddharth Nandwani
- Abhishek Khare
- Aahuti Agarwal
Official RERA Tribunal Orders (6)
The Tribunal rejected the respondent's application to recall a cost of Rs. 50,000 imposed on them, noting that repeated adjournments were being used to harass the appellant.
The U.P. Real Estate Appellate Tribunal allowed the appeals, setting aside the Regulatory Authority's order and the developer's cancellation of allotments, while directing the respondent to refund the deposited amounts for three units with interest (MCLR+1%) and pay litigation costs.
The Tribunal noted the High Court's direction regarding a previously imposed cost of Rs. 50,000 and, after hearing arguments on the merits of the appeal, reserved its judgment.
The Tribunal imposed a cost of Rs. 50,000 on the respondent for non-cooperation and repeated requests for adjournment, further warning that the case will proceed ex parte if the respondent fails to appear at the next hearing.
The Tribunal granted an adjournment requested by the respondent, subject to a cost of Rs. 10,000/- to be paid by the respondent to the appellant, and scheduled the next hearing for 22.11.2024.
The Tribunal granted the respondent a final opportunity to argue the matter on the next date and ordered that no further adjournments will be permitted, stating the appeal will be decided based on available records if parties fail to appear.
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