Appellant / Complainant
Jitendra Kumar Sahu
Respondent
Panchsheel Buildtech Pvt. Ltd.
panchsheel buildtech pvt. ltd.
₹32,70,621
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 0901126005762022 by Jitendra Kumar Sahu against Panchsheel Buildtech Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at SBI's MCLR+1% per annum due to the developer's failure to provide possession with a valid occupancy certificate.
For Order
The Tribunal directed the respondent's counsel to ensure compliance with the previous order dated 19.05.2022 within one week and scheduled the defective appeal for hearing on 25.07.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and directed the respondent to produce evidence regarding their application for an Occupancy Certificate and requisite safety certificates within 10 days.
Delay condonation
The Tribunal granted the respondent a one-week extension to file objections to the application for condonation of delay and grounds of appeal, with subsequent instructions for electronic service and uploading of replies.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the applicant's reply.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the appellant to serve the respondent via speed post and email.
Tribunal Order #0901126005762022-29-09-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at SBI's MCLR+1% per annum due to the developer's failure to provide possession with a valid occupancy certificate.
Tribunal Order #0901126005762022-05-07-2022
The Tribunal directed the respondent's counsel to ensure compliance with the previous order dated 19.05.2022 within one week and scheduled the defective appeal for hearing on 25.07.2022.
Tribunal Order #0901126005762022-19-05-2022
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and directed the respondent to produce evidence regarding their application for an Occupancy Certificate and requisite safety certificates within 10 days.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at SBI's MCLR+1% per annum due to the developer's failure to provide possession with a valid occupancy certificate. 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 appellant's deposited amount with interest at SBI's MCLR+1% per annum due to the developer's failure to provide possession with a valid occupancy certificate.
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 refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
Respondent Advocate(s)
- Suyash Gupta
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at SBI's MCLR+1% per annum due to the developer's failure to provide possession with a valid occupancy certificate.
The Tribunal directed the respondent's counsel to ensure compliance with the previous order dated 19.05.2022 within one week and scheduled the defective appeal for hearing on 25.07.2022.
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and directed the respondent to produce evidence regarding their application for an Occupancy Certificate and requisite safety certificates within 10 days.
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