Appellant / Complainant
Bishnu Kumar Agrawal
Respondent
Himalaya Realstate Pvt. Ltd.
himalaya realstate pvt. ltd.
₹28,21,220
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 0901126001352019 by Bishnu Kumar Agrawal against Himalaya Realstate Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Hearing
The Tribunal recorded that arguments from both the appellant and respondent were heard and formally reserved the judgment for a later date.
Hearing
The Tribunal has scheduled the case for hearing or orders on 04.04.2023 and directed reference to a previous order passed in Appeal No. 370/2019.
Further Order
The Tribunal heard arguments from both parties and reserved the judgment for further consideration.
Hearing
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previous payments and considering installments or unit allotment.
Hearing
The Tribunal adjourned the matter to 05.10.2021 because neither party appeared despite the case being called several times.
Further Order
The order records the appearance of the respondent's representative while noting the absence of the appellant during the court call on 16.03.2021.
Tribunal Order #0901126001352019-31-05-2023
The Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Tribunal Order #0901126001352019-05-10-2021
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previous payments and considering installments or unit allotment.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from the date of deposit till the date of actual refund
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Bishnu Kr. Agarwal(huf)
Respondent Advocate(s)
- Chander Shekhar Azad
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Regulatory Authority's order and the developer's cancellation of allotment, directing the respondent to refund the entire amount paid by the appellant with interest at MCLR + 1% p.a. from the date of each deposit.
The Tribunal addressed a dispute regarding the calculation of interest for a refund, suggesting that the parties settle by calculating the remaining balance due to the appellant after deducting previous payments and considering installments or unit allotment.
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