Appellant / Complainant
Toshi Chaturvedi
Respondent
Gaursons Realtech Private Limited
gaursons realtech private limited
₹21,41,157
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 0901126058122021 by Toshi Chaturvedi against Gaursons Realtech Private Limited before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire amount deposited by the appellants along with interest due to the failure to provide possession within the stipulated timeline.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and scheduled the appeal for hearing on November 7, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 25.05.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a personal emergency and scheduled the next hearing for April 13, 2023.
Hearing
The Tribunal adjourned the appeal due to lack of time and rescheduled the matter for hearing on 01.03.2023.
Hearing
The matter was adjourned to 24.02.2023 at the request of the respondent's counsel, who was not prepared with his brief.
Hearing
The Tribunal granted a request for adjournment as the appellant's counsel was unprepared and rescheduled the hearing to 21.02.2023.
Hearing
The Tribunal adjourned the appeal due to the absence of the appellant's counsel on sanctioned leave and rescheduled the hearing for 12.01.2023.
Part Heard
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for further argument on 14.12.2022.
Part Heard
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for November 18, 2022.
Hearing
The Tribunal heard arguments regarding an appeal against a Regulatory Authority's order and adjourned the matter to 21.10.2022 for further arguments.
Hearing
The Tribunal granted an adjournment request from the respondent's counsel and rescheduled the appeal for hearing on 20.09.2022.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for September 1, 2022.
Further Hearing
The Tribunal directed the appellant to file a replication to the respondent's reply within 20 days and scheduled the case for final hearing on August 3, 2022.
Hearing
The Tribunal directed the appellant to file a replication/rejoinder to the respondent's reply and scheduled the next hearing for 27.05.2022.
Hearing on Appeal
The Tribunal directed the respondent to upload the Vakalatnama and reply to the e-portal and ordered the appellant to file a rejoinder affidavit before the next hearing on 25.04.2022.
Hearing on Appeal
The Tribunal allowed an adjournment application filed by the appellant and rescheduled the case for hearing on February 2, 2022.
Hearing on Appeal
The Tribunal noted that the appeal was filed within time and directed that notice be issued to the respondent via registered post and e-mail, with the matter listed for 07.01.2022.
Tribunal Order #0901126058122021-06-02-2024
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire amount deposited by the appellants along with interest due to the failure to provide possession within the stipulated timeline.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire amount deposited by the appellants along with interest due to the failure to provide possession within the stipulated timeline. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire amount deposited by the appellants along with interest due to the failure to provide possession within the stipulated timeline.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 25.12.2017 to 24.07.2021 (excluding the period from 25.03.2020 to 25.09.2020 due to Covid-19)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
Respondent Advocate(s)
- Samrat Vaish
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire amount deposited by the appellants along with interest due to the failure to provide possession within the stipulated timeline.
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