Appellant / Complainant
Babita Singh
Respondent
Landcraft Developers Pvt. Ltd
landcraft developers pvt. ltd
₹32,92,921
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 0901126058872021 by Babita Singh against Landcraft Developers Pvt. Ltd before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund Rs. 32,92,921/- to the appellant along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Hearing
The appellant is challenging the Regulatory Authority's order which directed the respondent to provide possession and pay interest, instead seeking a full refund due to project delays and discrepancies. The Tribunal has heard arguments from both parties regarding the validity of the refund claim versus the offer of possession.
Hearing
The Tribunal adjourned the matter to 18.08.2023 following an unreasoned request for adjournment by the appellant's counsel and directed parties to exchange pleadings in the interim.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and rescheduled the case for hearing/orders on 10.05.2023.
Hearing
The Tribunal granted the respondent three days to produce any execution application filed by the appellant and directed the appellant to file an affidavit clarifying that no such execution proceedings have been initiated.
Delay condonation
The Tribunal condoned the 449-day delay in filing the appeal by applying the Supreme Court's extension of limitation period during the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
Delay condonation
The Tribunal directed both parties to file physical copies of their respective objections and replies within one week and scheduled the matter for hearing on 18.11.2022.
Delay condonation
The Tribunal noted that the appellant's counsel was unprepared and scheduled the case for 10.11.2022 to consider the application for condonation of delay.
Delay condonation
The Tribunal adjourned the matter to 30.09.2022 for the disposal of a delay condonation application and directed parties to appear on the fixed date.
Delay condonation
The Tribunal adjourned the matter to 30.08.2022 to allow for the appearance of the appellant's counsel and for the disposal of a delay condonation application.
Delay condonation
The Tribunal granted the applicant one week to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent, rescheduling the matter for August 2, 2022.
Delay condonation
The Tribunal granted the respondent an additional 10 days to file objections regarding the condonation of delay and the grounds of appeal, with a subsequent hearing scheduled for July 19, 2022.
Defect Removal
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, and directed counsel to register on the e-portal.
Tribunal Order #0901126058872021-23-08-2023
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund Rs. 32,92,921/- to the appellant along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Tribunal Order #0901126058872021-18-08-2023
The appellant is challenging the Regulatory Authority's order which directed the respondent to provide possession and pay interest, instead seeking a full refund due to project delays and discrepancies. The Tribunal has heard arguments from both parties regarding the validity of the refund claim versus the offer of possession.
Tribunal Order #0901126058872021-18-11-2022
The Tribunal condoned the 449-day delay in filing the appeal by applying the Supreme Court's extension of limitation period during the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund Rs. 32,92,921/- to the appellant along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund Rs. 32,92,921/- to the appellant along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from the date of deposit till the refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shailendra Singh
Respondent Advocate(s)
- Vikas Kumar Verma
- Ashok Kumar Mishra
- Utkarsh Kumar
Official RERA Tribunal Orders (3)
The Uttar Pradesh Real Estate Appellate Tribunal set aside the Regulatory Authority's order and directed the respondent to refund Rs. 32,92,921/- to the appellant along with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
The appellant is challenging the Regulatory Authority's order which directed the respondent to provide possession and pay interest, instead seeking a full refund due to project delays and discrepancies. The Tribunal has heard arguments from both parties regarding the validity of the refund claim versus the offer of possession.
The Tribunal condoned the 449-day delay in filing the appeal by applying the Supreme Court's extension of limitation period during the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
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