Appellant / Complainant
Shubhhomes Realcon Private Limited
Respondent
Amit Pachauri
shubhhomes realcon private limited
₹1,80,000
Respondent
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 0901126057892021 by Shubhhomes Realcon Private Limited against Amit Pachauri before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.
Hearing
The Tribunal heard arguments from the appellant's counsel regarding the appeal and subsequently reserved the judgment for further delivery.
Hearing
The Tribunal adjourned the proceedings following an adjournment request from the appellant's counsel and scheduled the appeal for hearing on 02-12-2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the appeal for a final hearing on 25.10.2024.
For Order
The Tribunal noted a technical glitch with the portal and scheduled the appeal for final hearing on 18.09.2024.
For Order
The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.
For Order
The Tribunal has scheduled the appeal for orders or hearing on 25.07.2024 due to the reported illness of the appellant's counsel.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for April 29, 2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for 22.03.2024.
For Order
The Tribunal granted the appellant a one-week extension to file an affidavit of service and rescheduled the hearing for February 26, 2024.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
For Order
The Tribunal adjourned the appeal to 05.09.2023 because the counsel for the appellant was reported to be ill.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for August 3, 2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the case for hearing on 22.05.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the matter for orders on 10.04.2023.
Further Order
The Tribunal granted the appellant's counsel one week to examine whether an expression of interest constitutes an agreement and if the respondent qualifies as an allottee, adjourning the matter to 01.03.2023.
Hearing
The Tribunal granted the appellant's counsel one week's time to ensure compliance with a previous order dated 11.08.2022 and scheduled the matter for orders on 17.01.2023.
Hearing
The Tribunal noted the unavailability of the appellant's counsel and rescheduled the appeal for hearing on 15.09.2022.
Exchange of pleadings
The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.
Hearing
The Tribunal accepted proof of service on the respondent via speed post and email, granting the respondent an extension to file objections and scheduling the next hearing for 11.08.2022.
Hearing
The Tribunal adjourned the matter due to lawyer abstention following an Oudh Bar Association resolution and scheduled the case for final hearing on 21.07.2022.
Notice
The Tribunal granted a request for adjournment filed by the appellant's counsel and rescheduled the hearing for May 10, 2022.
Notice
The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.
Notice
The Tribunal issued fresh notices to the respondent due to the appellant's failure to take previous steps and directed the parties to complete service via speed post and email before the next hearing on 06.04.2022.
Notice
The Tribunal ordered the issuance of fresh notice to the respondent due to their absence and directed the appellant to serve the notice via speed-post and email, with the matter listed for 15.03.2022.
Hearing on Appeal
The Tribunal issued notice to the respondent via registered post and email and scheduled the matter for further orders on 11.01.2022.
Tribunal Order #0901126057892021-06-04-2022
The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.
Tribunal Order #0901126057892021-31-01-2025
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.
Tribunal Order #0901126057892021-25-07-2024
The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.
Tribunal Order #0901126057892021-11-08-2022
The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kshemendra Shukla
Respondent Advocate(s)
- Kshemendra Shukla
Official RERA Tribunal Orders (4)
The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.
The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.
The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.
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