up_reraStatus: Completed
CASE ID: 0901126001002020

Appellant / Complainant

Laureate Buildwell Pvt. Ltd.

VS

Respondent

Sangeeta Kumar, Sunil Mahajan

Developer Firm

laureate buildwell pvt. ltd.

Disputed Amount

47,86,035

Disposal Award

Appellant

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Legal Issues & Claims Raised

Refund of InvestmentDelay Compensation / InterestSale Deed & Title TransferUnfair Cancellation & ForfeitureJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

53 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126001002020 by Laureate Buildwell Pvt. Ltd. against Sangeeta Kumar, Sunil Mahajan before up_rera.

Refund of InvestmentDelay Compensation / InterestSale Deed & Title TransferUnfair Cancellation & ForfeitureJurisdiction & Maintainability
2
Stage 107/05/2024

for delivery of Judgment/Order

The Appellate Tribunal set aside the U.P. Real Estate Regulatory Authority's order, ruling that the authority erred by directing possession or refund without first setting aside the valid cancellation of the allotment due to the respondents' payment defaults.

3
Stage 226/02/2024

Hearing

The appellant is challenging a RERA order that directed the developer to provide the allotted unit at the original booking rate or refund the amount with interest, arguing that RERA failed to consider the prior lawful cancellation of the allotment due to non-payment.

4
Stage 319/02/2024

Hearing

The Tribunal granted the respondent two days to prepare a brief regarding the validity of the Regulatory Authority's order and adjourned the matter to 26.02.2024.

5
Stage 419/01/2024

Hearing

The Tribunal fixed the next hearing date for Appeal-142/2020 to 19.02.2024 and directed that no further adjournments will be granted on that date.

6
Stage 517/10/2023

Hearing

No text available.

7
Stage 611/09/2023

Hearing

The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.

8
Stage 721/08/2023

Hearing

The Tribunal adjourned the appeal to 11.09.2023 due to the counsel for the appellant being on leave, with a strict directive that no further adjournments will be granted.

9
Stage 818/08/2023

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to personal reasons and scheduled the next hearing for 21.08.2023, with a warning that no further adjournments will be permitted.

10
Stage 904/08/2023

Hearing

The court granted a request from the appellant's counsel to adjourn the matter and rescheduled the hearing for 18.08.2023.

11
Stage 1024/05/2023

Hearing

No text available.

12
Stage 1121/04/2023

Hearing

The Tribunal granted the appellant 10 days to ensure compliance with a previous order dated 11.04.2023 and rescheduled the hearing for 24.05.2023.

13
Stage 1211/04/2023

Hearing

The Tribunal directed the appellant to produce evidence regarding the forfeiture of the respondent's funds, including the specific letter notifying the respondent of such forfeiture and the original allotment records, by the next hearing date.

14
Stage 1302/03/2023

Hearing

The proceedings were adjourned due to the absence of the respondent's counsel, with the matter rescheduled for hearing on 11.04.2023.

15
Stage 1431/01/2023

Final Hearing

The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the matter for a final hearing on 02.03.2023, noting that no further adjournments will be permitted on that date.

16
Stage 1522/12/2022

Final Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to a scheduling conflict and scheduled the next hearing for January 31, 2023.

17
Stage 1625/11/2022

Final Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the hearing for 22.12.2022.

18
Stage 1723/11/2022

Final Hearing

The Tribunal granted a request from the counsels of both parties to adjourn the appeal and rescheduled the matter for hearing on 25.11.2022.

19
Stage 1818/10/2022

Final Hearing

The Tribunal has rescheduled the hearing of Appeal-142/2020 to 23.11.2022 following a joint request from the counsel for both parties.

20
Stage 1911/10/2022

Further Hearing

The Tribunal heard arguments from both parties and scheduled the appeal for further hearing on 18.10.2022.

21
Stage 2023/09/2022

Further Hearing

This document is a formal header/caption of an appeal (APPEAL-142/2020) before the U.P. Real Estate Appellate Tribunal, containing party details and presiding members, but does not contain any substantive rulings or directives.

22
Stage 2122/09/2022

Further Hearing

The matter was adjourned to 23.09.2022 due to the absence of the appellant's counsel.

23
Stage 2221/09/2022

Final Hearing

The Tribunal granted the respondent's counsel 24 hours to prepare arguments regarding a change of prayer in the written complaint and adjourned the matter to 22.09.2022.

24
Stage 2324/08/2022

Final Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to a scheduling conflict and scheduled the appeal for hearing on 21.09.2022.

25
Stage 2428/07/2022

Final Hearing

No text available.

26
Stage 2525/07/2022

Final Hearing

The Tribunal granted a request by the appellant's counsel to reschedule the appeal for further hearing to 28.07.2022.

27
Stage 2622/07/2022

Final Hearing

The order indicates that the case list has been revised for the hearing of Appeal-142/2020 before the Division Bench.

28
Stage 2718/07/2022

Final Hearing

The Tribunal granted a request from the appellant's counsel to reschedule the appeal for a final hearing on 22.07.2022.

29
Stage 2815/07/2022

Final Hearing

The Tribunal adjourned the matter due to lack of time and scheduled the next hearing for July 18, 2022.

30
Stage 2914/07/2022

Final Hearing

The Tribunal adjourned the matter due to lack of time and ordered the case to be listed for further hearing on 15.07.2022.

31
Stage 3012/07/2022

Final Hearing

The matter was adjourned due to lack of time, with the court scheduling the next hearing for 14.07.2022.

32
Stage 3125/05/2022

Final Hearing

The Tribunal noted the absence of the appellant's counsel and rescheduled the appeal for a hearing on 12.07.2022.

33
Stage 3223/05/2022

Final Hearing

The Tribunal noted that pleadings have been exchanged and scheduled the matter for a hearing on 25.05.2022.

34
Stage 3319/04/2022

Hearing

The Tribunal directed the appellant's counsel to file a list of dates, events, and relied-upon cases at least seven days before the next hearing. The case is scheduled for final hearing on 23.05.2022.

35
Stage 3425/02/2022

Hearing

The Tribunal directed both parties to exchange lists of dates, events, and relied-upon cases before the next hearing, which is scheduled for 19.04.2022.

36
Stage 3517/01/2022

Further Order

No text available.

37
Stage 3615/12/2021

Arguments

The Tribunal granted an adjournment requested by both parties due to lack of preparation and directed the counsels to exchange lists of cited cases before the next hearing on January 17, 2022.

38
Stage 3713/12/2021

Arguments

No text available.

39
Stage 3818/11/2021

Arguments

The Tribunal directed the parties to submit and exchange a list of dates, events, and relied-upon judgments, and adjourned the matter to 13.12.2021.

40
Stage 3924/09/2021

Hearing

The Tribunal directed the parties to submit a list of dates, events, and relied-upon judgments at least three days before the next hearing, and scheduled the appeal for arguments on 18.11.2021.

41
Stage 4027/04/2021

Compliance of section 43(5)

No text available.

42
Stage 4125/03/2021

Judgement

No text available.

43
Stage 4216/03/2021

Compliance of section 43(5)

The Tribunal granted the appellant a final opportunity to comply with Section 43(5) of the Act, warning that failure to do so will result in an order being passed according to law.

44
Stage 4304/03/2021

Hearing

The Tribunal granted a one-week extension to the appellant's counsel to ensure compliance with the order dated 15.02.2021 and scheduled the next hearing for 16.03.2021.

45
Stage 4415/02/2021

Hearing

The Tribunal directed the appellant to rectify any deficiency in the deposit required under Section 43(5) of the Act and to file a Chartered Accountant's certificate clarifying compliance with the Regulatory Authority's order.

46
Stage 4503/02/2021

Hearing on Appeal

The Tribunal granted the appellant a short adjournment to file a reply regarding the respondent's objection to the amount deposited under Section 43(5) of the Act, listing the matter for hearing on 15.02.2021.

47
Stage 4624/08/2020

Hearing on Appeal

No text available.

48
Stage 47Interim Order

Tribunal Order #0901126001002020-16-03-2021

The Tribunal granted the appellant a final opportunity to comply with Section 43(5) of the Act, warning that failure to do so will result in an order being passed according to law.

49
Stage 48Interim Order

Tribunal Order #0901126001002020-15-02-2021

The Tribunal directed the appellant to rectify any deficiency in the deposit required under Section 43(5) of the Act and to file a Chartered Accountant's certificate clarifying compliance with the Regulatory Authority's order.

50
Stage 49Final Ruling Order

Tribunal Order #0901126001002020-07-05-2024

The Appellate Tribunal set aside the U.P. Real Estate Regulatory Authority's order, ruling that the authority erred by directing possession or refund without first setting aside the valid cancellation of the allotment due to the respondents' payment defaults.

51
Stage 50Interim Order

Tribunal Order #0901126001002020-26-02-2024

The appellant is challenging a RERA order that directed the developer to provide the allotted unit at the original booking rate or refund the amount with interest, arguing that RERA failed to consider the prior lawful cancellation of the allotment due to non-payment.

52
Stage 51Interim Order

Tribunal Order #0901126001002020-11-04-2023

The Tribunal directed the appellant to produce evidence regarding the forfeiture of the respondent's funds, including the specific letter notifying the respondent of such forfeiture and the original allotment records, by the next hearing date.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Appellate Tribunal set aside the U.P. Real Estate Regulatory Authority's order, ruling that the authority erred by directing possession or refund without first setting aside the valid cancellation of the allotment due to the respondents' payment defaults. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.

Disposal Winner: AppellantInterest Rate: MCLR+1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Appellate Tribunal set aside the U.P. Real Estate Regulatory Authority's order, ruling that the authority erred by directing possession or refund without first setting aside the valid cancellation of the allotment due to the respondents' payment defaults.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR+1%

Interest Period

from the date of deposit till actual payment

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 11(4)(f)Section 17Section 11(5)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Shuchita Singh

Respondent Advocate(s)

  • Saurabh Misra

Official RERA Tribunal Orders (5)

INTERIM_ORDEROrder ID: 0901126001002020-16-03-2021

The Tribunal granted the appellant a final opportunity to comply with Section 43(5) of the Act, warning that failure to do so will result in an order being passed according to law.

INTERIM_ORDEROrder ID: 0901126001002020-15-02-2021

The Tribunal directed the appellant to rectify any deficiency in the deposit required under Section 43(5) of the Act and to file a Chartered Accountant's certificate clarifying compliance with the Regulatory Authority's order.

FINAL_ORDEROrder ID: 0901126001002020-07-05-2024

The Appellate Tribunal set aside the U.P. Real Estate Regulatory Authority's order, ruling that the authority erred by directing possession or refund without first setting aside the valid cancellation of the allotment due to the respondents' payment defaults.

INTERIM_ORDEROrder ID: 0901126001002020-26-02-2024

The appellant is challenging a RERA order that directed the developer to provide the allotted unit at the original booking rate or refund the amount with interest, arguing that RERA failed to consider the prior lawful cancellation of the allotment due to non-payment.

INTERIM_ORDEROrder ID: 0901126001002020-11-04-2023

The Tribunal directed the appellant to produce evidence regarding the forfeiture of the respondent's funds, including the specific letter notifying the respondent of such forfeiture and the original allotment records, by the next hearing date.

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