Appellant / Complainant
Naveen Nishchal
Respondent
S. J. P. Hotels & Resorts Pvt Ltd
s. j. p. hotels & resorts pvt ltd
₹8,97,441
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 0901126061962022 by Naveen Nishchal against S. J. P. Hotels & Resorts Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, ruling that the promoter is only entitled to forfeit 10% of the Basic Sale Price as earnest money and must refund the remaining balance with interest at MCLR+1% from the date of cancellation.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and objections, subsequently reserving the judgment for future pronouncement.
Hearing
The Tribunal granted a request from the respondent's counsel to adjourn the matter and rescheduled the appeal for hearing on 20.01.2026.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on January 7, 2026.
Hearing
The Tribunal adjourned the matter and scheduled the appeal for further arguments on 10.12.2025.
Hearing
Upon the joint request of the counsel for both parties, the Tribunal has scheduled the appeal for a final hearing on November 12, 2025.
Hearing
The Tribunal granted a request for adjournment on behalf of the respondent's counsel and rescheduled the appeal for hearing on 27.10.2025.
Delay condonation
The Tribunal allowed the application for condonation of delay, permitting the appellant to proceed with the appeal despite the delay in filing. The Registry is directed to convert the defective appeal into a regular appeal and parties are ordered to exchange pleadings.
Delay condonation
At the request of the appellant's counsel, the matter is adjourned and scheduled to be listed for orders on 04.09.2025.
Delay condonation
The Tribunal granted a request for adjournment on behalf of the appellant's counsel and rescheduled the appeal for orders to 21.08.2025.
Delay condonation
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 31.07.2025.
Delay condonation
Upon the joint request of both parties, the Tribunal has adjourned the appeal for orders or hearing to 14.07.2025.
Delay condonation
The Tribunal granted the respondent one week to file a reply to the appellant's supplementary affidavit and scheduled the hearing for May 15, 2025.
Delay condonation
The Tribunal has granted a request to list the appeal for orders or hearing on 21.04.2025.
Delay condonation
The Tribunal granted the respondent seven days to file a reply to the appellant's supplementary affidavit regarding a delay condonation application and scheduled the matter for orders on 03.04.2025.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 06.03.2025.
Delay condonation
The Tribunal granted the appellant one week to file a supplementary affidavit regarding the application for condonation of delay and scheduled the next hearing for February 12, 2025.
Delay condonation
The Tribunal granted the appellant 10 days to file a supplementary affidavit regarding their application for condonation of delay and scheduled the matter for hearing on January 16, 2025.
Delay condonation
The appeal has been adjourned at the request of the appellant's counsel and is scheduled for a final hearing on 09.12.2024.
Delay condonation
The Tribunal has scheduled the appeal for orders or hearing on November 7, 2024.
Delay condonation
The Tribunal granted the respondent seven days to file an objection to the appellant's better affidavit and scheduled the appeal for hearing on 27.09.2024.
Delay condonation
The Tribunal granted the respondent one week to file a vakalatnama and scheduled the appeal for hearing on 28.08.2024.
Delay condonation
The Tribunal noted the absence of both parties and rescheduled the appeal for hearing on 25.07.2024.
Delay condonation
The Tribunal granted the respondent a three-day extension to file objections regarding the application for condonation of delay and scheduled the hearing for May 27, 2024.
Delay condonation
The Tribunal granted the respondent one week to file objections to a better affidavit regarding an application for condonation of delay and scheduled the matter for hearing on 25.04.2024.
Delay condonation
The Tribunal granted the appellant's counsel one week to file a better affidavit regarding the application for condonation of delay and scheduled the matter for hearing on March 20, 2024.
Delay condonation
The Tribunal noted that both parties requested an adjournment and subsequently scheduled the defective appeal for consideration of a condonation of delay application on 19.02.2024.
Delay condonation
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Delay condonation
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the defective appeal for hearing on 06.09.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with subsequent deadlines set for replies and e-portal uploads.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the appeal documents via speed-post and email, scheduling the next hearing for 28.03.2023.
Tribunal Order #0901126061962022-12-05-2026
The Tribunal partially allowed the appeal, ruling that the promoter is only entitled to forfeit 10% of the Basic Sale Price as earnest money and must refund the remaining balance with interest at MCLR+1% from the date of cancellation.
Tribunal Order #0901126061962022-04-09-2025
The Tribunal allowed the application for condonation of delay, permitting the appellant to proceed with the appeal despite the delay in filing. The Registry is directed to convert the defective appeal into a regular appeal and parties are ordered to exchange pleadings.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, ruling that the promoter is only entitled to forfeit 10% of the Basic Sale Price as earnest money and must refund the remaining balance with interest at MCLR+1% from the date of cancellation. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, ruling that the promoter is only entitled to forfeit 10% of the Basic Sale Price as earnest money and must refund the remaining balance with interest at MCLR+1% from the date of cancellation.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of cancellation till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Atul Tripathi
Respondent Advocate(s)
- Harish Pandey
- Saurabh Misra
- Priyam Sinha
Official RERA Tribunal Orders (2)
The Tribunal partially allowed the appeal, ruling that the promoter is only entitled to forfeit 10% of the Basic Sale Price as earnest money and must refund the remaining balance with interest at MCLR+1% from the date of cancellation.
The Tribunal allowed the application for condonation of delay, permitting the appellant to proceed with the appeal despite the delay in filing. The Registry is directed to convert the defective appeal into a regular appeal and parties are ordered to exchange pleadings.
Need to research all rulings for s. j. p. hotels & resorts pvt ltd?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.