Appellant / Complainant
Monika Singh, Abhishek Singh
Respondent
Sikka Infrastructure Pvt Ltd
sikka infrastructure pvt ltd
₹18,31,500
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 0901126052902023 by Monika Singh, Abhishek Singh against Sikka Infrastructure Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the full deposit of Rs. 18,31,500 with interest at MCLR+1% from the date of deposit, ruling that 'zero period' and 'COVID-19 period' do not qualify as force majeure in this instance.
Part Heard
The Tribunal heard arguments from the counsel for both parties regarding the appeal, but has reserved the judgment for a later date.
Hearing
The Tribunal notes that the matter is part-heard of Bench No. 2 and directs it to be listed before said Bench on January 29, 2025.
Hearing
The matter was partially heard, and the Tribunal has scheduled the case to be listed before the appropriate bench on January 15, 2025.
Hearing
The Tribunal granted both counsels time to upload rules/decisions and prepare briefs, adjourning the matter to 10.01.2025 for further hearing.
Hearing
The Tribunal granted a request from the respondent's counsel for additional time to prepare arguments and adjourned the appeal to 07.01.2025.
Delay condonation
The Tribunal condoned a 16-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the respondent seven days to file objections to the appellant's new affidavit regarding the delay in filing the appeal and scheduled the matter for orders on November 5, 2024.
Delay condonation
The Tribunal granted the applicant 7 days to file a better affidavit regarding the condonation of delay, with subsequent timelines set for respondent objections and applicant replies.
Admission
The Tribunal directed the appellant to serve a copy of their rejoinder to the respondent within three days and scheduled the next hearing for 27.08.2024.
Admission
The Tribunal noted the absence of the applicant and directed that any reply to the respondent's objections be filed within 10 days, listing the defective appeal for hearing on 24.07.2024.
Admission
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on May 24, 2024, regarding the application for condonation of delay.
Admission
The Tribunal granted the respondent an additional week to file objections to the grounds of appeal and directed the applicant to file replies to existing objections within specified timelines.
Admission
The Tribunal granted the respondent 10 days to file objections and scheduled the matter for hearing on March 19, 2024, regarding the application for condonation of delay.
Defect Removal
The Tribunal directed the issuance of notice to the respondent following the removal of registry defects and set a timeline for service of process and filing of objections regarding the application for condonation of delay.
Defect Removal
The Tribunal directed the Registry to communicate existing defects to the appellant and ordered that the appeal be listed on 08.01.2024, noting that failure to rectify these defects will result in dismissal.
Tribunal Order #0901126052902023-23-04-2025
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the full deposit of Rs. 18,31,500 with interest at MCLR+1% from the date of deposit, ruling that 'zero period' and 'COVID-19 period' do not qualify as force majeure in this instance.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the full deposit of Rs. 18,31,500 with interest at MCLR+1% from the date of deposit, ruling that 'zero period' and 'COVID-19 period' do not qualify as force majeure in this instance. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the full deposit of Rs. 18,31,500 with interest at MCLR+1% from the date of deposit, ruling that 'zero period' and 'COVID-19 period' do not qualify as force majeure in this instance.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
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)
- Anilesh Tewari
Respondent Advocate(s)
- Mandeep Singh
- Rohit Jaiswal
Official RERA Tribunal Orders (1)
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the full deposit of Rs. 18,31,500 with interest at MCLR+1% from the date of deposit, ruling that 'zero period' and 'COVID-19 period' do not qualify as force majeure in this instance.
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