Appellant / Complainant
Valencia Homes
Respondent
Subodh Geol HUF
valencia homes
₹22,43,133
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 0901126001052019 by Valencia Homes against Subodh Geol HUF before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Valencia Homes, upholding the Regulatory Authority's order for the developer to deliver possession and pay penal interest (MCLR+1%) due to delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Final Hearing
The Tribunal recalled a previous ex-parte order dated 21.03.2022 to allow the respondent to present submissions, subsequently hearing both parties and reserving judgment.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to hospitalization and rescheduled the hearing for 14.11.2022.
Further Hearing
The Tribunal denied a request for adjournment due to counsel being out of station and scheduled the appeal for hearing on 10.10.2022.
Further Hearing
The Tribunal noted the respondent's failure to serve applications for condonation of delay and recall of order, granting the appellant one week to file objections and scheduling the next hearing for 14.09.2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a personal medical emergency and rescheduled the hearing for August 30, 2022.
Further Hearing
The Tribunal granted a request to list the appeal for hearing on 03.08.2022 after the respondent's counsel noted they had not received the memo of appeal.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a final hearing on 22.07.2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the next hearing for July 7, 2022.
Further Hearing
The Tribunal noted a discrepancy between the tripartite sub-lease deed, which claims possession was delivered, and evidence suggesting the appellant still holds possession; consequently, the appellant's counsel is directed to clarify this position or face a summons of their Managing Director for lack of honesty.
Further Order
Due to the respondent's repeated absence, the Tribunal ordered that the appeal be listed on 27.04.2022 for ex-parte proceedings.
Further Order
The Tribunal adjourned the case due to the absence of the respondent's counsel and scheduled it for further orders on 04.02.2022.
Further Order
The Tribunal granted a request for adjournment and rescheduled the appeal to be heard on 10.01.2022.
Further Order
The Tribunal directed the Registry to re-register the matter as a regular appeal instead of a miscellaneous case and instructed the parties to exchange lists of dates and events.
For Order
The Tribunal noted the continuous absence of the respondent for the last three hearings and adjourned the matter to 02.12.2021 for further orders.
For Order
The Tribunal noted the filing of a replication by the appellant and directed the parties to submit lists of dates, events, and relied-upon judgments at least three days before the next hearing on 12.11.2021.
Delay condonation
The Tribunal granted the applicant permission to file a replication to the appeal reply and scheduled the matter for further hearing on 22.09.2021.
Hearing
The Tribunal granted the applicant one week to file a reply to the respondent's objections and directed both parties to upload their filings on the e-portal before the next hearing on 16.03.2021.
Hearing
The Tribunal granted the appellant permission to file a replication/rejoinder against the respondent's reply and scheduled the matter for hearing on 18.02.2021.
Tribunal Order #0901126001052019-30-05-2023
The Appellate Tribunal dismissed the appeal filed by Valencia Homes, upholding the Regulatory Authority's order for the developer to deliver possession and pay penal interest (MCLR+1%) due to delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Tribunal Order #0901126001052019-19-11-2022
The Tribunal recalled a previous ex-parte order dated 21.03.2022 to allow the respondent to present submissions, subsequently hearing both parties and reserving judgment.
Tribunal Order #0901126001052019-28-04-2022
The Tribunal noted a discrepancy between the tripartite sub-lease deed, which claims possession was delivered, and evidence suggesting the appellant still holds possession; consequently, the appellant's counsel is directed to clarify this position or face a summons of their Managing Director for lack of honesty.
Tribunal Order #0901126001052019-21-03-2022
Due to the respondent's repeated absence, the Tribunal ordered that the appeal be listed on 27.04.2022 for ex-parte proceedings.
Tribunal Order #0901126001052019-02-12-2021
The Tribunal directed the Registry to re-register the matter as a regular appeal instead of a miscellaneous case and instructed the parties to exchange lists of dates and events.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Valencia Homes, upholding the Regulatory Authority's order for the developer to deliver possession and pay penal interest (MCLR+1%) due to delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Valencia Homes, upholding the Regulatory Authority's order for the developer to deliver possession and pay penal interest (MCLR+1%) due to delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from the due date of handing over the possession as per terms of the agreement till the date of handing over the possession by the promoter
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yash Tandon
- Anshul Gupta
Respondent Advocate(s)
- Ram Nath Yadav
- Pratul Srivastava
Official RERA Tribunal Orders (5)
The Appellate Tribunal dismissed the appeal filed by Valencia Homes, upholding the Regulatory Authority's order for the developer to deliver possession and pay penal interest (MCLR+1%) due to delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
The Tribunal recalled a previous ex-parte order dated 21.03.2022 to allow the respondent to present submissions, subsequently hearing both parties and reserving judgment.
The Tribunal noted a discrepancy between the tripartite sub-lease deed, which claims possession was delivered, and evidence suggesting the appellant still holds possession; consequently, the appellant's counsel is directed to clarify this position or face a summons of their Managing Director for lack of honesty.
Due to the respondent's repeated absence, the Tribunal ordered that the appeal be listed on 27.04.2022 for ex-parte proceedings.
The Tribunal directed the Registry to re-register the matter as a regular appeal instead of a miscellaneous case and instructed the parties to exchange lists of dates and events.
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