Appellant / Complainant
Raj Kumar Kashyap
Respondent
Suncity Hi-Tech Infrastructures Pvt. Ltd.
suncity hi-tech infrastructures pvt. ltd.
₹18,82,400
Respondent
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 0901126006512022 by Raj Kumar Kashyap against Suncity Hi-Tech Infrastructures Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal filed by Raj Kumar Kashyap, upholding the Regulatory Authority's order for a refund and finding that the appellant failed to prove he paid additional cash premiums or that the settlement deed was signed under duress.
Hearing
The Tribunal has heard the arguments from both the appellant and respondent and has reserved its judgment.
Hearing
The Tribunal has adjourned the appeal to 04.07.2024 following a joint request from the counsels for both parties.
Hearing
The Tribunal has scheduled the appeal for a hearing on May 6, 2024.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 03.04.2024.
Hearing
The Tribunal noted that the appellant's counsel was ill and subsequently listed the appeal for a hearing on 29.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a strike/abstention by lawyers called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.
Hearing
The hearing for the appeal was adjourned to 11.09.2023 following a request from the appellant's counsel on personal grounds.
Hearing
The Tribunal noted that the appeal is ripe for hearing and scheduled the matter for orders/hearing on 09.08.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a family exigency and rescheduled the hearing for 29.05.2023.
For Order
The Tribunal noted the inability of the respondent's counsel to file an adjournment application due to a family bereavement and rescheduled the case for hearing on 25.04.2023.
Delay condonation
The Tribunal condoned a 388-day delay in filing the appeal based on the Supreme Court's COVID-19 limitation extension order and granted the appellant one week to clarify their status as an 'allottee' given that no formal allotment was issued.
Delay condonation
The Tribunal noted that no time remained during the session and ordered the defective appeal to be listed on 17.01.2023 for further orders.
Delay condonation
The Tribunal adjourned the matter to 14.10.2022 for the disposal of a delay condonation application and any subsequent objections.
Delay condonation
The Tribunal adjourned the matter to 23.09.2022 for the disposal of a delay condonation application and any related objections.
Delay condonation
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the appellant's reply, and scheduled the matter for hearing on 29.07.2022.
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 timeline set for the appellant's reply.
Delay condonation
The Tribunal granted a final one-week extension to the respondent to file objections regarding the condonation of delay and grounds of appeal, noting that failure to appear or file will result in ex-parte proceedings.
Delay condonation
The Tribunal deemed service upon the respondent sufficient based on postal delivery and e-portal notifications, granting the respondent 10 days to file objections before listing the matter for hearing on 21.04.2022.
Defect Removal
The Tribunal granted a two-week extension for filing the certified copy of the impugned order and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 01.04.2022.
Tribunal Order #0901126006512022-04-09-2024
The Tribunal dismissed the appeal filed by Raj Kumar Kashyap, upholding the Regulatory Authority's order for a refund and finding that the appellant failed to prove he paid additional cash premiums or that the settlement deed was signed under duress.
Tribunal Order #0901126006512022-17-02-2023
The Tribunal condoned a 388-day delay in filing the appeal based on the Supreme Court's COVID-19 limitation extension order and granted the appellant one week to clarify their status as an 'allottee' given that no formal allotment was issued.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Raj Kumar Kashyap, upholding the Regulatory Authority's order for a refund and finding that the appellant failed to prove he paid additional cash premiums or that the settlement deed was signed under duress. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Raj Kumar Kashyap, upholding the Regulatory Authority's order for a refund and finding that the appellant failed to prove he paid additional cash premiums or that the settlement deed was signed under duress.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Himanshu Bora
Official RERA Tribunal Orders (2)
The Tribunal dismissed the appeal filed by Raj Kumar Kashyap, upholding the Regulatory Authority's order for a refund and finding that the appellant failed to prove he paid additional cash premiums or that the settlement deed was signed under duress.
The Tribunal condoned a 388-day delay in filing the appeal based on the Supreme Court's COVID-19 limitation extension order and granted the appellant one week to clarify their status as an 'allottee' given that no formal allotment was issued.
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