Appellant / Complainant
Park Town Complex Private Limited
Respondent
Sanjay Kumar
park town complex private limited
₹6,93,015
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 0901126051102022 by Park Town Complex Private Limited against Sanjay Kumar before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the UPRERA order directing a refund to the allottee, ruling that the original decision was passed in violation of natural justice due to technical glitches preventing the developer's reply from being visible on the portal. The complaint is restored and remanded to the Regulatory Authority for a fresh decision on merits after providing both parties adequate opportunity to present their case.
Hearing
The Tribunal heard arguments from both counsels regarding Appeal-617/2022 and has reserved the judgment for a later date.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and scheduled the appeal for a hearing on December 2, 2025.
Hearing
The Tribunal adjourned the appeal to 05.09.2025 for final hearing and issued a strict directive that no further adjournments will be granted.
Hearing
The Tribunal granted the appellant time to seek instructions regarding allegations that their Occupancy Certificate (OC/CC) is a procured document and adjourned the matter to 22.08.2025.
Hearing
The Tribunal noted the filing of a clarification by the appellant-promoter and directed the respondent to file objections to said clarification, listing the matter for further hearing on 07.08.2025.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and scheduled the case for orders on 21.07.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal adjourned the appeal to 10.07.2025 to allow the appellant counsel to seek instructions regarding whether a final Occupancy Certificate/Completion Certificate has been received.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 16.05.2025.
For Order
The appeal was dismissed for non-prosecution due to the absence of the appellant's counsel during the hearing.
For Order
The court granted a request from the respondent's counsel to adjourn the matter and scheduled the appeal for orders/hearing on 20.02.2025.
For Order
The Tribunal has granted a request from the parties to list the appeal on 30.01.2025.
Hearing
The Tribunal heard arguments from both counsels regarding Appeal-617/2022 and has reserved the judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal engagement and scheduled the appeal for hearing on 27.08.2024.
Hearing
The Tribunal granted the respondent's counsel two weeks to inspect the records received from the U.P. Real Estate Regulatory Authority and scheduled the next hearing for 25.07.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulty and scheduled the appeal for hearing on 04.07.2024.
Hearing
The Tribunal has ordered the summoning of the original records for Complaint No. NCR 145/07/77826/2021 from the UP RERA Secretary to address discrepancies regarding filed replies and amendments in the respondent's prayer.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for April 4, 2024.
Hearing
The Tribunal granted the applicant one week to file a reply to the respondent's objections and scheduled the appeal for hearing on March 1, 2024.
Hearing
This document is a formal header/caption of an order from the U.P. Real Estate Appellate Tribunal dated 21.07.2023 regarding Appeal-617/2022 between Parktown Complex Private Limited and Sanjay Kumar; however, it contains no substantive rulings or directives.
For Order
The Tribunal granted the respondent three days to file objections to the grounds of appeal and scheduled the next hearing for July 21, 2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for July 13, 2023.
For Order
The Tribunal granted a final 10-day extension to the respondent's counsel to file objections and vakalatnama, warning that failure to comply will result in ex-parte proceedings.
Notice
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the exchange of documents via email before the next hearing on 10.11.2022.
Admission
The Tribunal issued notice to the respondent regarding Appeal-617/2022 and directed the appellant to serve the notice via speed-post and email, scheduling the next hearing for 29.09.2022.
Tribunal Order #0901126051102022-27-02-2026
The Appellate Tribunal set aside the UPRERA order directing a refund to the allottee, ruling that the original decision was passed in violation of natural justice due to technical glitches preventing the developer's reply from being visible on the portal. The complaint is restored and remanded to the Regulatory Authority for a fresh decision on merits after providing both parties adequate opportunity to present their case.
Tribunal Order #0901126051102022-04-04-2024
The Tribunal has ordered the summoning of the original records for Complaint No. NCR 145/07/77826/2021 from the UP RERA Secretary to address discrepancies regarding filed replies and amendments in the respondent's prayer.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the UPRERA order directing a refund to the allottee, ruling that the original decision was passed in violation of natural justice due to technical glitches preventing the developer's reply from being visible on the portal. The complaint is restored and remanded to the Regulatory Authority for a fresh decision on merits after providing both parties adequate opportunity to present their case. 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 UPRERA order directing a refund to the allottee, ruling that the original decision was passed in violation of natural justice due to technical glitches preventing the developer's reply from being visible on the portal. The complaint is restored and remanded to the Regulatory Authority for a fresh decision on merits after providing both parties adequate opportunity to present their case.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kshemendra Shukla
- Arun Kumar Roy
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the UPRERA order directing a refund to the allottee, ruling that the original decision was passed in violation of natural justice due to technical glitches preventing the developer's reply from being visible on the portal. The complaint is restored and remanded to the Regulatory Authority for a fresh decision on merits after providing both parties adequate opportunity to present their case.
The Tribunal has ordered the summoning of the original records for Complaint No. NCR 145/07/77826/2021 from the UP RERA Secretary to address discrepancies regarding filed replies and amendments in the respondent's prayer.
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