Appellant / Complainant
Valencia Homes (Hawelia Group)
Respondent
Savita Mittal
valencia homes (hawelia group)
₹1,30,000
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 0901126004472022 by Valencia Homes (Hawelia Group) against Savita Mittal before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal allowed the appeal and quashed the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to direct a refund of interest charged for delayed payments and ordering the release of the promoter's deposited amount.
Further Hearing
The court has granted a request from the appellant's counsel to list the case for orders or hearing on 30.04.2025.
Hearing
The Tribunal has scheduled the matter for orders/hearing on 03.04.2025.
Hearing
The Tribunal has granted a request to list the appeal for orders or hearing on 10.03.2025.
Hearing
The proceedings for Appeal-421/2022 have been adjourned following an application by the respondent's counsel, with the matter rescheduled for hearing on 13.01.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for orders/hearing on 18.12.2024.
Hearing
The tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for November 19, 2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and scheduled the case for orders/hearing on 18.10.2024.
Hearing
The Tribunal granted a final one-week extension to the respondent's counsel due to illness and scheduled the case for final arguments on 09.09.2024.
Hearing
The Tribunal granted a request from the parties' counsel to list the appeal for orders on 22.08.2024.
Hearing
The Tribunal granted a request from the respondent's counsel for additional time to conduct research and subsequently adjourned the appeal to 18.07.2024.
Hearing
The Tribunal directed the respondent's counsel to place the RERA office memorandum dated 20.05.2020 on record and scheduled the appeal for orders on 21.05.2024.
Hearing
The Tribunal has adjourned the appeal to 03.05.2024 because the respondent's counsel was reported to be out of station.
Hearing
The Tribunal noted that pleadings have been exchanged and the appeal is ripe for hearing, subsequently listing the matter for a hearing on 02.04.2024.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objection and adjourned the matter to 29.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh, rescheduling the hearing for 17.10.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to him being out of station and rescheduled the hearing for 11.09.2023.
Hearing
The Tribunal granted a mutual request for adjournment from both parties and rescheduled the appeal for hearing on 09.05.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 28.03.2023.
Hearing
The proceedings for Appeal-421/2022 were adjourned due to the absence of the respondent's counsel, and the matter has been rescheduled for hearing on 17.01.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed the Registry to address defects in the appeal, scheduling the next hearing for 14.11.2022.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the case for orders on 19.10.2022.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the hearing for September 21, 2022.
Defect Removal
The Tribunal ruled that the appeal was filed within the limitation period and directed the Registry to convert the defective appeal into a regular appeal. It also set a timeline for the respondent to file objections and the applicant to file a reply.
Tribunal Order #0901126004472022-30-04-2025
The U.P. Real Estate Appellate Tribunal allowed the appeal and quashed the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to direct a refund of interest charged for delayed payments and ordering the release of the promoter's deposited amount.
Tribunal Order #0901126004472022-04-07-2022
The Tribunal ruled that the appeal was filed within the limitation period and directed the Registry to convert the defective appeal into a regular appeal. It also set a timeline for the respondent to file objections and the applicant to file a reply.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal allowed the appeal and quashed the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to direct a refund of interest charged for delayed payments and ordering the release of the promoter's deposited amount. Awarded in favor of Appellant. Awarded interest rate: MCRL+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal allowed the appeal and quashed the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to direct a refund of interest charged for delayed payments and ordering the release of the promoter's deposited amount.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCRL+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yash Tandon
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal allowed the appeal and quashed the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to direct a refund of interest charged for delayed payments and ordering the release of the promoter's deposited amount.
The Tribunal ruled that the appeal was filed within the limitation period and directed the Registry to convert the defective appeal into a regular appeal. It also set a timeline for the respondent to file objections and the applicant to file a reply.
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