Appellant / Complainant
A.M. Agro Ventures
Respondent
U.P. State Industrial Development Corporation Limited, Anr.
a.m. agro ventures
₹11,91,606
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 0901126005452021 by A.M. Agro Ventures against U.P. State Industrial Development Corporation Limited, Anr. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the deducted amount of Rs. 11,51,627/- along with interest at the SBI MCLR+1% rate on the entire deposited amount from the date of deposit until actual payment.
Final Hearing
The court heard arguments from the counsel for both parties and reserved the judgment for a later date.
Hearing
The Tribunal directed the parties to file concise written arguments along with cited judgments and exchange them before the next hearing date of 15.07.2022.
Hearing
The Tribunal directed the appellant to file a rejoinder/replication by the next hearing date and provide a copy to the respondent via email, scheduling the matter for hearing on 06.05.2022.
For Order
The Tribunal directed the respondent to serve its objections via email within three days and ordered the appellant to file a reply within one week thereafter, scheduling the next hearing for 30.03.2022.
to file objections and its reply
The Tribunal directed the applicant to file an affidavit in support of their application for proof of service within one week and scheduled the appeal for hearing on 14.03.2022.
Delay condonation
The Tribunal directed the appellant's counsel to take necessary procedural steps within one week and scheduled the case for further orders on 18.01.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal due to the COVID-19 lockdown period and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The Tribunal granted the appellant two weeks to file a better affidavit explaining the delay in filing, noting that the previous affidavit lacked sufficient cause despite Supreme Court precedents on limitation extensions.
Hearing
The Tribunal issued notices to the parties via email due to non-appearance and scheduled the defective appeal for 27.10.2021 to address the limitation application.
For Order
The Tribunal adjourned the matter to 15.04.2021 for a hearing on the limitation application due to the absence of the respondent despite service of notice.
Defect Removal
The Tribunal noted that registry defects have been removed and directed the issuance of notice to the opposite party via registered post and email, scheduling the matter for March 18, 2021, to dispose of a limitation application.
Tribunal Order #0901126005452021-29-09-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the deducted amount of Rs. 11,51,627/- along with interest at the SBI MCLR+1% rate on the entire deposited amount from the date of deposit until actual payment.
Tribunal Order #0901126005452021-22-11-2021
The Tribunal condoned the delay in filing the appeal due to the COVID-19 lockdown period and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the deducted amount of Rs. 11,51,627/- along with interest at the SBI MCLR+1% rate on the entire deposited amount from the date of deposit until actual payment. Awarded in favor of Appellant. Awarded interest rate: State Bank of India's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the deducted amount of Rs. 11,51,627/- along with interest at the SBI MCLR+1% rate on the entire deposited amount from the date of deposit until actual payment.
Ruling Awarded To
Appellant
Awarded Interest Rate
State Bank of India's MCLR+1% per annum
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)
- Rohit Jaiswal
- Adarsh Pratap Singh
Respondent Advocate(s)
- Kartikey Dubey
- Rishabh Raj
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the deducted amount of Rs. 11,51,627/- along with interest at the SBI MCLR+1% rate on the entire deposited amount from the date of deposit until actual payment.
The Tribunal condoned the delay in filing the appeal due to the COVID-19 lockdown period and directed the Registry to convert the defective appeal into a regular appeal.
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