Appellant / Complainant
Sanjay Kumar
Respondent
Solaris Realtech Pvt. Ltd.
solaris realtech pvt. ltd.
₹25,00,000
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 0901126051892022 by Sanjay Kumar against Solaris Realtech Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent promoter is liable for the refund of the appellant's deposit plus interest (MCLR+1%), establishing that a transferee promoter inherits all obligations and liabilities of the erstwhile promoter under Section 15 of the RERA Act.
Hearing
The proceedings were adjourned at the request of the respondent's counsel, with the matter rescheduled for hearing on 18.12.2024.
Delay condonation
The Tribunal condoned a 14-day delay in filing the appeal and allowed the appellant's application to amend the relief clause from 'seeking possession' to 'refund of the deposited amount'.
Delay condonation
The Tribunal granted the respondent one week to upload a High Court order that set aside a previous amendment application order, and scheduled the matter for hearing on 16.10.2024.
Delay condonation
The Tribunal granted the appellant's request for additional time to prepare briefs and rescheduled the appeal for hearing on 20.09.2024.
Delay condonation
The Tribunal granted the appellant seven days to file a rejoinder affidavit and directed that a soft copy be emailed to the respondent, with the review petition scheduled for orders on 03.09.2024.
Delay condonation
The Tribunal granted the appellant one week's time to file a rejoinder to the respondent's objections regarding an amendment application and scheduled the matter for hearing on 09.08.2024.
Delay condonation
The Tribunal has rescheduled the hearing for the defective appeal, including the application for condonation of delay, to 22.07.2024 upon the joint request of the counsels.
Delay condonation
The Tribunal allowed the appellant's application to amend the memo of appeal to correct a typographical error, changing the prayer from 'possession' back to 'refund' to align with the original complaint.
Delay condonation
The Tribunal took an affidavit regarding the appellant's illness on record and granted the respondent one week to file objections, scheduling the matter for a hearing on the condonation of delay application on 02.05.2024.
Delay condonation
The Tribunal granted the appellant one week to file an affidavit confirming non-participation in other judicial forums to support their application for condonation of delay, with the matter listed for hearing on 01.04.2024.
Delay condonation
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate necessary grounds, directing the parties to exchange amended documents and fresh objections before the next hearing.
Delay condonation
The Tribunal rejected the appellant's application for amendment of the memo of appeal due to the absence of a supporting affidavit and specified grounds, while granting liberty to file a fresh application.
Delay condonation
The tribunal adjourned the matter to 20.09.2023 due to the illness of the respondent's counsel and scheduled it for consideration of a condonation of delay application.
Delay condonation
The Tribunal granted the applicant one week to file a better affidavit for condonation of delay and scheduled the matter for hearing on August 23, 2023.
Delay condonation
The Tribunal granted an adjournment for the hearing but issued a stern warning to the respondent's counsel regarding their absence and emphasized that no further adjournments will be permitted on the next scheduled date.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for July 6, 2023, to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal, subject to a cost of Rs. 5,000/- imposed due to previous delays in filing.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the condonation of delay and grounds of appeal, scheduling the matter for hearing on 11.01.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and scheduled the matter for hearing on 14.11.2022.
Tribunal Order #0901126051892022-18-12-2024
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent promoter is liable for the refund of the appellant's deposit plus interest (MCLR+1%), establishing that a transferee promoter inherits all obligations and liabilities of the erstwhile promoter under Section 15 of the RERA Act.
Tribunal Order #0901126051892022-16-10-2024
The Tribunal condoned a 14-day delay in filing the appeal and allowed the appellant's application to amend the relief clause from 'seeking possession' to 'refund of the deposited amount'.
Tribunal Order #0901126051892022-13-02-2023
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal, subject to a cost of Rs. 5,000/- imposed due to previous delays in filing.
Tribunal Order #0901126051892022-02-05-2024
The Tribunal allowed the appellant's application to amend the memo of appeal to correct a typographical error, changing the prayer from 'possession' back to 'refund' to align with the original complaint.
Tribunal Order #0901126051892022-29-01-2024
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate necessary grounds, directing the parties to exchange amended documents and fresh objections before the next hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent promoter is liable for the refund of the appellant's deposit plus interest (MCLR+1%), establishing that a transferee promoter inherits all obligations and liabilities of the erstwhile promoter under Section 15 of the RERA Act. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent promoter is liable for the refund of the appellant's deposit plus interest (MCLR+1%), establishing that a transferee promoter inherits all obligations and liabilities of the erstwhile promoter under Section 15 of the RERA Act.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rishindra Vikram Singh
Respondent Advocate(s)
- Mandeep Singh
- Rohit Jaiswal
- Jayant Gupta
Official RERA Tribunal Orders (5)
The Tribunal set aside the Regulatory Authority's order and ruled that the respondent promoter is liable for the refund of the appellant's deposit plus interest (MCLR+1%), establishing that a transferee promoter inherits all obligations and liabilities of the erstwhile promoter under Section 15 of the RERA Act.
The Tribunal condoned a 14-day delay in filing the appeal and allowed the appellant's application to amend the relief clause from 'seeking possession' to 'refund of the deposited amount'.
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal, subject to a cost of Rs. 5,000/- imposed due to previous delays in filing.
The Tribunal allowed the appellant's application to amend the memo of appeal to correct a typographical error, changing the prayer from 'possession' back to 'refund' to align with the original complaint.
The Tribunal allowed the appellant's application to amend the memo of appeal to incorporate necessary grounds, directing the parties to exchange amended documents and fresh objections before the next hearing.
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