Appellant / Complainant
Bishnu Kumar Agarwal (HUF)
Respondent
Himalaya Realestate Pvt. Ltd.
himalaya realestate 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 0901126002032019 by Bishnu Kumar Agarwal (HUF) against Himalaya Realestate 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% per annum.
Hearing
The court heard arguments from both the appellant and respondent, but the judgment has been reserved for a later date.
Hearing
The Tribunal has scheduled the case for hearing/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 a later date.
Hearing
The Tribunal addressed a dispute regarding the interest calculation period for a refund, suggesting that the parties settle by deducting previously refunded amounts from the total due and considering installment payments or unit allotments.
Hearing
The Tribunal adjourned the case due to the non-appearance of both parties and rescheduled the hearing for 05.10.2021.
Further Order
The Tribunal granted a request for adjournment from the appellant and rescheduled the hearing for April 9, 2021.
Tribunal Order #0901126002032019-31-05-2023
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% per annum.
Tribunal Order #0901126002032019-05-10-2021
The Tribunal addressed a dispute regarding the interest calculation period for a refund, suggesting that the parties settle by deducting previously refunded amounts from the total due and considering installment payments or unit allotments.
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% per annum. 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% per annum.
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)
- Chandrashekhar 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% per annum.
The Tribunal addressed a dispute regarding the interest calculation period for a refund, suggesting that the parties settle by deducting previously refunded amounts from the total due and considering installment payments or unit allotments.
Need to research all rulings for himalaya realestate pvt. ltd.?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.