Appellant / Complainant
Capital Infrachomes Private Limited
Respondent
Satya Prakash Tiwari
capital infrachomes private limited
₹10,48,409
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 0901126054912022 by Capital Infrachomes Private Limited against Satya Prakash Tiwari before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the RERA Authority's order for possession and delay interest, ruling that since the cancellation of the unit was not challenged, the respondent could not claim restoration; instead, the appellant is directed to refund the deposited amount minus 10% earnest money within 45 days.
Hearing
The Tribunal heard arguments regarding the appellant's contention that the respondent was no longer an allottee due to a prior cancellation of allotment, and the appellant expressed willingness to refund admissible amounts; judgment has been reserved.
For Order
The Tribunal noted that the matter is proceeding ex parte against the respondent and scheduled the appeal for a final hearing on merit on 16.10.2024 following compliance with an amendment order.
For Order
The Tribunal allowed the appellant's amendment application to include requests for setting aside specific impugned orders dated 24.06.2022 and 15.03.2024 under the RERA Act.
For Order
The Tribunal decided to proceed ex parte against the respondent due to their absence despite sufficient service of notice and scheduled the matter for an ex parte hearing on 31.07.2024.
For Order
The Tribunal deemed the service of notice on the respondent sufficient and granted a final 10-day window for filing objections, warning that failure to comply will result in ex parte proceedings.
For Order
The Tribunal condoned a one-day delay in filing the appeal and directed the issuance of notice to the respondent, setting the next hearing date for July 2, 2024.
For Order
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite notice and directed the defective appeal to be listed for an ex parte hearing on 02.05.2024.
For Order
The Tribunal deemed service of notice on the respondent sufficient and granted a 10-day extension for filing objections, scheduling the next hearing for April 1, 2024.
Hearing
The Tribunal directed the Registry to verify a disputed deposit of Rs 10,24,859/- and issued notice to the respondent regarding the applicant's application for condonation of delay and grounds of appeal, returnable on 26.02.2024.
Compliance of section 43(5)
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the defective appeal for consideration on 12.10.2023.
Compliance of section 43(5)
The Tribunal directed the appellant to comply with Section 43(5) of the Act 2016 by depositing the full refundable amount, including principal and interest, rather than just the interest component, within 10 days or face dismissal of the appeal.
Compliance of section 43(5)
The Tribunal granted a request from the appellant's counsel to adjourn the matter and rescheduled the hearing for 22.08.2023.
Compliance of section 43(5)
The Tribunal granted the appellant's counsel one week to ensure compliance with Section 43(5) of the Act, 2016, and scheduled the case for a hearing on May 4, 2023.
Delay condonation
The Tribunal ruled that the appellant failed to comply with Section 43(5) of the Act by making unauthorized deductions (GST, brokerage, and a 10% deduction) from the deposit amount. The applicant is directed to deposit the full amount payable to the allottee without deductions and submit a proper C.A. certificate within one week.
Tribunal Order #0901126054912022-13-12-2024
The Tribunal set aside the RERA Authority's order for possession and delay interest, ruling that since the cancellation of the unit was not challenged, the respondent could not claim restoration; instead, the appellant is directed to refund the deposited amount minus 10% earnest money within 45 days.
Tribunal Order #0901126054912022-02-07-2024
The Tribunal deemed the service of notice on the respondent sufficient and granted a final 10-day window for filing objections, warning that failure to comply will result in ex parte proceedings.
Tribunal Order #0901126054912022-01-04-2024
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite notice and directed the defective appeal to be listed for an ex parte hearing on 02.05.2024.
Tribunal Order #0901126054912022-16-01-2024
The Tribunal directed the Registry to verify a disputed deposit of Rs 10,24,859/- and issued notice to the respondent regarding the applicant's application for condonation of delay and grounds of appeal, returnable on 26.02.2024.
Tribunal Order #0901126054912022-22-08-2023
The Tribunal directed the appellant to comply with Section 43(5) of the Act 2016 by depositing the full refundable amount, including principal and interest, rather than just the interest component, within 10 days or face dismissal of the appeal.
Tribunal Order #0901126054912022-16-10-2024
The Tribunal heard arguments regarding the appellant's contention that the respondent was no longer an allottee due to a prior cancellation of allotment, and the appellant expressed willingness to refund admissible amounts; judgment has been reserved.
Tribunal Order #0901126054912022-02-09-2024
The Tribunal allowed the appellant's amendment application to include requests for setting aside specific impugned orders dated 24.06.2022 and 15.03.2024 under the RERA Act.
Tribunal Order #0901126054912022-10-04-2023
The Tribunal ruled that the appellant failed to comply with Section 43(5) of the Act by making unauthorized deductions (GST, brokerage, and a 10% deduction) from the deposit amount. The applicant is directed to deposit the full amount payable to the allottee without deductions and submit a proper C.A. certificate within one week.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order for possession and delay interest, ruling that since the cancellation of the unit was not challenged, the respondent could not claim restoration; instead, the appellant is directed to refund the deposited amount minus 10% earnest money within 45 days. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order for possession and delay interest, ruling that since the cancellation of the unit was not challenged, the respondent could not claim restoration; instead, the appellant is directed to refund the deposited amount minus 10% earnest money within 45 days.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- Ajay Rishindra Vikram Singh
Official RERA Tribunal Orders (8)
The Tribunal set aside the RERA Authority's order for possession and delay interest, ruling that since the cancellation of the unit was not challenged, the respondent could not claim restoration; instead, the appellant is directed to refund the deposited amount minus 10% earnest money within 45 days.
The Tribunal deemed the service of notice on the respondent sufficient and granted a final 10-day window for filing objections, warning that failure to comply will result in ex parte proceedings.
The Tribunal decided to proceed ex parte against the respondent due to their failure to appear despite notice and directed the defective appeal to be listed for an ex parte hearing on 02.05.2024.
The Tribunal directed the Registry to verify a disputed deposit of Rs 10,24,859/- and issued notice to the respondent regarding the applicant's application for condonation of delay and grounds of appeal, returnable on 26.02.2024.
The Tribunal directed the appellant to comply with Section 43(5) of the Act 2016 by depositing the full refundable amount, including principal and interest, rather than just the interest component, within 10 days or face dismissal of the appeal.
The Tribunal heard arguments regarding the appellant's contention that the respondent was no longer an allottee due to a prior cancellation of allotment, and the appellant expressed willingness to refund admissible amounts; judgment has been reserved.
The Tribunal allowed the appellant's amendment application to include requests for setting aside specific impugned orders dated 24.06.2022 and 15.03.2024 under the RERA Act.
The Tribunal ruled that the appellant failed to comply with Section 43(5) of the Act by making unauthorized deductions (GST, brokerage, and a 10% deduction) from the deposit amount. The applicant is directed to deposit the full amount payable to the allottee without deductions and submit a proper C.A. certificate within one week.
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