Appellant / Complainant
Tariq Khan
Respondent
One Place Infrastructure Pvt. Ltd.
one place infrastructure pvt. ltd.
₹17,27,483
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 0901126003382022 by Tariq Khan against One Place Infrastructure Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order that allowed for a 20% earnest money deduction, ruling instead that the respondent must refund the entire deposited amount with interest at MCLR+1% due to illegal construction without sanctioned plans.
Hearing
The Tribunal allowed the appellant's application to amend the grounds and prayer of the appeal, directing the submission of an amended memo of appeal within one week and scheduling the next hearing for 01.04.2024.
Hearing
The Tribunal granted the appellant one week to file an amendment application to challenge the impugned order and scheduled the next hearing for February 27, 2024.
Hearing
The Tribunal directed the appellant's counsel to rectify the annexures by providing descriptions and dates for each document within one week due to improper indexing.
Hearing
The Tribunal observed that the respondent booked units without sanctioned maps and ruled that no earnest money should be deducted from the refund due to the appellant, as the forfeiture clause in the agreement is contrary to the 2018 Rules.
Hearing
The appeal was dismissed for want of prosecution as no one appeared on behalf of the appellant.
Further Hearing
This text represents the header/caption of an appeal filed by Tariq Khan against One Place Infrastructure Pvt. Ltd. before the U.P. Real Estate Appellate Tribunal; no substantive ruling or directive is contained in this excerpt.
Further Hearing
The Tribunal adjourned the proceedings due to heavy rain in the city and rescheduled the appeal for orders on 15.11.2022.
Further Hearing
The Tribunal directed the appellant's counsel to re-upload all annexures separately with proper descriptions and dates within one week and scheduled the next hearing for 10.10.2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal reasons and scheduled the next hearing for September 14, 2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to being out of station and rescheduled the case for 22.08.2022.
Further Hearing
The Tribunal granted the appellant 10 days to file an affidavit in support of their claim and scheduled the next hearing for July 27, 2022.
Further Hearing
The U.P. Real Estate Appellate Tribunal adjourned the appeal following a request from the appellant's counsel and scheduled it for hearing on 05.07.2022.
Execution
The Tribunal adjourned the appeal to 16.05.2022, issuing a warning to the appellant's counsel for lack of preparation.
Ex-Parte
The Tribunal granted the appellant's counsel one week to prepare his brief and rescheduled the appeal hearing for 04.05.2022.
to file objections and its reply
The Tribunal decided to proceed ex-parte against the respondent, One Place Infrastructure Pvt. Ltd., due to their failure to appear or file objections despite receiving notice, and scheduled the matter for an ex-parte hearing on 20.04.2022.
Notice
The Tribunal deemed service on the respondent sufficient via postal delivery and digital portal, granting the respondent 10 days to file objections and scheduling the next hearing for 11.04.2022.
Further Order
The Tribunal granted the appellant's request for fresh notice to be issued to the respondent and established a procedural timeline for service of process and filing of objections/replies.
Hearing on Appeal
The Tribunal issued notice to the respondent and directed the appellant to rectify procedural defects regarding court fees and illegible annexures.
Tribunal Order #0901126003382022-01-04-2024
The Tribunal set aside the Regulatory Authority's order that allowed for a 20% earnest money deduction, ruling instead that the respondent must refund the entire deposited amount with interest at MCLR+1% due to illegal construction without sanctioned plans.
Tribunal Order #0901126003382022-24-03-2023
The Tribunal observed that the respondent booked units without sanctioned maps and ruled that no earnest money should be deducted from the refund due to the appellant, as the forfeiture clause in the agreement is contrary to the 2018 Rules.
Tribunal Order #0901126003382022-27-02-2024
The Tribunal allowed the appellant's application to amend the grounds and prayer of the appeal, directing the submission of an amended memo of appeal within one week and scheduling the next hearing for 01.04.2024.
Tribunal Order #0901126003382022-11-04-2022
The Tribunal decided to proceed ex-parte against the respondent, One Place Infrastructure Pvt. Ltd., due to their failure to appear or file objections despite receiving notice, and scheduled the matter for an ex-parte hearing on 20.04.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that allowed for a 20% earnest money deduction, ruling instead that the respondent must refund the entire deposited amount with interest at MCLR+1% due to illegal construction without sanctioned plans. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that allowed for a 20% earnest money deduction, ruling instead that the respondent must refund the entire deposited amount with interest at MCLR+1% due to illegal construction without sanctioned plans.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of deposit till the date payment of same to appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Dhananjay Srivastava
Respondent Advocate(s)
- | Counsel for Appellant DHANANJAY SRIVASTAVA | |
Official RERA Tribunal Orders (4)
The Tribunal set aside the Regulatory Authority's order that allowed for a 20% earnest money deduction, ruling instead that the respondent must refund the entire deposited amount with interest at MCLR+1% due to illegal construction without sanctioned plans.
The Tribunal observed that the respondent booked units without sanctioned maps and ruled that no earnest money should be deducted from the refund due to the appellant, as the forfeiture clause in the agreement is contrary to the 2018 Rules.
The Tribunal allowed the appellant's application to amend the grounds and prayer of the appeal, directing the submission of an amended memo of appeal within one week and scheduling the next hearing for 01.04.2024.
The Tribunal decided to proceed ex-parte against the respondent, One Place Infrastructure Pvt. Ltd., due to their failure to appear or file objections despite receiving notice, and scheduled the matter for an ex-parte hearing on 20.04.2022.
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