Appellant / Complainant
Indian Railway Welfare Organisation
Respondent
Ashok Kumar
₹30,54,890
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 0901126067262022 by Indian Railway Welfare Organisation against Ashok Kumar before up_rera.
Hearing
The Appellate Tribunal dismissed the appeal filed by Indian Railway Welfare Organization, upholding the UPRERA order for a refund of the allottee's deposit with interest due to project delay and abandonment. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement during execution proceedings.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work for three days.
Hearing
The proceedings were adjourned on the request of the appellant's senior counsel due to health grounds, with the matter rescheduled for hearing on 06.09.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to the unavailability of senior counsel and scheduled the appeal for hearing on 18.07.2023.
Hearing
The Tribunal allowed the appellant's applications to condone the delay in filing a reply and to take the rejoinder/reply on record, subsequently scheduling the case for hearing on 05.05.2023.
Notice
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent, scheduling the next hearing for April 11, 2023.
For Order
The Tribunal issued a notice to the respondent regarding Appeal-822/2022 and outlined the procedural requirements for service of process and exchange of objections before the next hearing on 25.01.2023.
For Order
The Tribunal granted the appellant's counsel additional time to prepare their brief and adjourned the matter to 20.12.2022 for orders.
Admission
The Tribunal granted the appellant's request for a one-week extension to prepare their brief and rescheduled the hearing for 14.12.2022.
Tribunal Order #0901126067262022-18-01-2024
The Appellate Tribunal dismissed the appeal filed by Indian Railway Welfare Organization, upholding the UPRERA order for a refund of the allottee's deposit with interest due to project delay and abandonment. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement during execution proceedings.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Indian Railway Welfare Organization, upholding the UPRERA order for a refund of the allottee's deposit with interest due to project delay and abandonment. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% of the SBI.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Indian Railway Welfare Organization, upholding the UPRERA order for a refund of the allottee's deposit with interest due to project delay and abandonment. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% of the SBI
Interest Period
from the date of deposit
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- B.B. Tripathi
Respondent Advocate(s)
- Fuhar Gupta
Official RERA Tribunal Orders (1)
The Appellate Tribunal dismissed the appeal filed by Indian Railway Welfare Organization, upholding the UPRERA order for a refund of the allottee's deposit with interest due to project delay and abandonment. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement during execution proceedings.
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