Appellant / Complainant
Huma Narjis Fathima, Sarfraz Hasnain Shaikh
Respondent
WTC Noida Development Company Pvt. Ltd.
wtc noida development company pvt. ltd.
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 0901126072362022 by Huma Narjis Fathima, Sarfraz Hasnain Shaikh against WTC Noida Development Company Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the appellants' deposited amounts with interest at MCLR+1% per annum from the date of deposit within 45 days of the order, rather than waiting until the project completion date.
Delay condonation
The Tribunal converted a defective appeal into a regular appeal after the appellant filed the required certified copy and reserved judgment on whether the Regulatory Authority's refund timeline (based on registration dates) violates RERA provisions and Supreme Court precedent.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections to the condonation of delay application and grounds of appeal due to non-appearance and failure to comply with previous timelines, scheduling the matter for an ex parte hearing.
Delay condonation
The Tribunal granted the respondent two days to file objections and scheduled the defective appeal for a hearing on May 12, 2023, regarding the condonation of delay.
Defect Removal
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for March 31, 2023.
Defect Removal
The Tribunal granted the appellant one week to file a certified copy of the impugned order and directed the Registry to issue notice to the respondent for the hearing scheduled on 20.02.2023.
Tribunal Order #0901126072362022-07-05-2024
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the appellants' deposited amounts with interest at MCLR+1% per annum from the date of deposit within 45 days of the order, rather than waiting until the project completion date.
Tribunal Order #0901126072362022-26-02-2024
The Tribunal converted a defective appeal into a regular appeal after the appellant filed the required certified copy and reserved judgment on whether the Regulatory Authority's refund timeline (based on registration dates) violates RERA provisions and Supreme Court precedent.
Tribunal Order #0901126072362022-23-01-2024
The Tribunal closed the respondent's opportunity to file objections to the condonation of delay application and grounds of appeal due to non-appearance and failure to comply with previous timelines, scheduling the matter for an ex parte hearing.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the appellants' deposited amounts with interest at MCLR+1% per annum from the date of deposit within 45 days of the order, rather than waiting until the project completion date. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the appellants' deposited amounts with interest at MCLR+1% per annum from the date of deposit within 45 days of the order, rather than waiting until the project completion date.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from the date of deposit till the date of refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Arpan Prakash Srivastava
Respondent Advocate(s)
- Anup Gupta
- Aditya Vikram Shahi
- Arvind Kumar Pandey
Official RERA Tribunal Orders (3)
The Appellate Tribunal modified the Regulatory Authority's order, directing the respondent to refund the appellants' deposited amounts with interest at MCLR+1% per annum from the date of deposit within 45 days of the order, rather than waiting until the project completion date.
The Tribunal converted a defective appeal into a regular appeal after the appellant filed the required certified copy and reserved judgment on whether the Regulatory Authority's refund timeline (based on registration dates) violates RERA provisions and Supreme Court precedent.
The Tribunal closed the respondent's opportunity to file objections to the condonation of delay application and grounds of appeal due to non-appearance and failure to comply with previous timelines, scheduling the matter for an ex parte hearing.
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