Appellant / Complainant
Ankita Singh
Respondent
Ats Homes Private Limited
ats homes private limited
₹11,07,225
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 0901126074072022 by Ankita Singh against Ats Homes Private Limited before up_rera.
For Order
The Tribunal set aside the RERA Authority's order and ruled that the appellant is entitled to a full refund of Rs.11,07,225 plus interest under Section 12 of the Act, because the respondent's attempt to exclude promised amenities via Clause 21 of the BBA constituted a false and misleading statement.
For Order
The Tribunal has rescheduled the hearing of Appeal-2/2023 to 15.01.2025 following a joint request from the counsels for both the appellant and the respondent.
Further Hearing
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for a later date.
Further Hearing
The Tribunal has adjourned the appeal to 25.07.2024 following a joint request from the counsels for both parties.
Further Hearing
The Tribunal listed the defective appeal for consideration of a condonation of delay application and hearing on 27.05.2024.
Further Hearing
The Tribunal granted an adjournment at the request of the respondent's counsel to seek further instructions and scheduled the case for orders on 25.04.2024.
Further Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 1/2023 for directions regarding this matter.
Further Hearing
The Tribunal has revised the list and scheduled a hearing for 02.04.2024 to consider the condonation of delay in this defective appeal.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and rescheduled the hearing for 27.02.2024.
Hearing
The Tribunal reviewed evidence regarding an email dated 01.10.2021 and two Builder-Buyer Agreements, subsequently adjourning the matter to 17.01.2024 for further hearing.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 12.10.2023.
For Order
The Tribunal granted a joint request for adjournment from the counsels of both parties and rescheduled the hearing for 04.09.2023.
For Order
The Tribunal adjourned the proceedings to allow for ongoing settlement negotiations between the parties, scheduling the next hearing for August 23, 2023.
For Order
The Tribunal noted the absence of the Appellant's counsel due to sanctioned leave and adjourned the matter to 05.07.2023 for orders/hearing.
For Order
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the matter for orders on 26.04.2023.
For Order
The Tribunal ruled that service upon the respondent is sufficient based on postal and email records and granted the respondent 10 days to file objections, warning that the matter will proceed ex parte if they fail to appear or respond.
Admission
The Tribunal issued a notice to the respondent and outlined specific procedural timelines for service of documents, filing objections, and replies before the next hearing on 06.02.2023.
Tribunal Order #0901126074072022-15-01-2025
The Tribunal set aside the RERA Authority's order and ruled that the appellant is entitled to a full refund of Rs.11,07,225 plus interest under Section 12 of the Act, because the respondent's attempt to exclude promised amenities via Clause 21 of the BBA constituted a false and misleading statement.
Tribunal Order #0901126074072022-06-02-2023
The Tribunal ruled that service upon the respondent is sufficient based on postal and email records and granted the respondent 10 days to file objections, warning that the matter will proceed ex parte if they fail to appear or respond.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order and ruled that the appellant is entitled to a full refund of Rs.11,07,225 plus interest under Section 12 of the Act, because the respondent's attempt to exclude promised amenities via Clause 21 of the BBA constituted a false and misleading statement. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order and ruled that the appellant is entitled to a full refund of Rs.11,07,225 plus interest under Section 12 of the Act, because the respondent's attempt to exclude promised amenities via Clause 21 of the BBA constituted a false and misleading statement.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of deposit made by the appellant till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
- Aahuti Agarwal
- Isha Asthana
Respondent Advocate(s)
- Surangama Sharma
Official RERA Tribunal Orders (2)
The Tribunal set aside the RERA Authority's order and ruled that the appellant is entitled to a full refund of Rs.11,07,225 plus interest under Section 12 of the Act, because the respondent's attempt to exclude promised amenities via Clause 21 of the BBA constituted a false and misleading statement.
The Tribunal ruled that service upon the respondent is sufficient based on postal and email records and granted the respondent 10 days to file objections, warning that the matter will proceed ex parte if they fail to appear or respond.
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