Appellant / Complainant
Bhagwan Sarup Agarwal
Respondent
UP RERA Gautambudhnagar, Uppal Chaddha Hi Tech Developers Pvt Ltd
uppal chaddha hi tech developers pvt ltd
₹19,86,750
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 0901126059122021 by Bhagwan Sarup Agarwal against UP RERA Gautambudhnagar, Uppal Chaddha Hi Tech Developers Pvt Ltd before up_rera.
Hearing
The Tribunal declined to set aside the recovery certificate but granted the appellant liberty to approach the Secretary of the Regulatory Authority for a rectification of the interest calculation date to align with the original order.
Hearing
The Tribunal directed the respondent's counsel to register his name in the case records and scheduled the appeal for a hearing on 19.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the matter for hearing on 16.10.2023.
Admission
The Tribunal noted that the case was wrongly listed for today's date and directed the matter to be listed for hearing on 06.09.2023.
Delay condonation
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto order dated 10.01.2022 and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal has scheduled the defective appeal for a hearing on September 5, 2023, to consider the application for condonation of delay.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 14.07.2023.
For Order
The Tribunal noted a clerical error in the respondent's address on the notice and directed the issuance of fresh notices to be served via speed post and email.
Notice
The Tribunal granted the appellant's counsel one week to file an affidavit of service and scheduled the defective appeal for a hearing on November 10, 2022.
Notice
The Tribunal issued fresh notice to the respondent and directed the applicant to serve the appeal documents via speed-post and email, scheduling the matter for 01.11.2022 to address the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and directed specific procedures for service of notice and filing of objections.
Delay condonation
The Tribunal granted the appellant one week to comply with a previous order dated 19.05.2022 and scheduled the case for hearing on 01.08.2022 regarding the application for condonation of delay.
Defect Removal
The Tribunal granted the appellant one week to file an application for condonation of delay and directed that a soft copy be sent to the respondent and uploaded to the e-portal before the next hearing on 30.05.2022.
Defect Removal
The Tribunal directed the appellant's counsel to rectify procedural defects, including missing document uploads and improper annexure ordering, within one week.
Defect Removal
The Tribunal directed the appellant's counsel to rectify registry-identified defects within three days and scheduled the matter for further orders on 10.05.2022.
Tribunal Order #0901126059122021-19-02-2024
The Tribunal declined to set aside the recovery certificate but granted the appellant liberty to approach the Secretary of the Regulatory Authority for a rectification of the interest calculation date to align with the original order.
Tribunal Order #0901126059122021-11-08-2023
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto order dated 10.01.2022 and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal declined to set aside the recovery certificate but granted the appellant liberty to approach the Secretary of the Regulatory Authority for a rectification of the interest calculation date to align with the original order. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal declined to set aside the recovery certificate but granted the appellant liberty to approach the Secretary of the Regulatory Authority for a rectification of the interest calculation date to align with the original order.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 23.09.2015 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ashutosh Mishra
- Shivam Gupta
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The Tribunal declined to set aside the recovery certificate but granted the appellant liberty to approach the Secretary of the Regulatory Authority for a rectification of the interest calculation date to align with the original order.
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto order dated 10.01.2022 and directed the Registry to convert the defective appeal into a regular appeal.
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