Appellant / Complainant
Arvind Kumar Singh
Respondent
Mahaluxmi Infrahome Pvt Ltd
mahaluxmi infrahome pvt ltd
₹3,99,348
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 0901126009922022 by Arvind Kumar Singh against Mahaluxmi Infrahome Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to a refund of Rs. 3,99,348 along with interest at MCLR+1% due to the promoter's failure to provide a valid offer of possession with an OC/CC.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for August 6, 2025.
Hearing
The Tribunal granted the respondent a final opportunity to pay the balance amount plus interest at MCLR+1%, warning that coercive measures will be taken if they fail to comply.
Hearing
The parties are attempting an out-of-court settlement regarding a claim of Rs. 4 lakhs plus interest; the matter is adjourned to 27.05.2025, with the proviso that it will be heard on merits if settlement fails.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 01.05.2025.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of the appeal to 08.04.2025.
Hearing
The Tribunal directed the respondent/promoter to bring on record the Statement of Account and No Dues Certificate regarding the disputed unit to verify the balance amount due for refund to the appellant.
Hearing
The Tribunal has adjourned the appeal to 11.02.2025 for hearing following a joint request from the counsels of both parties.
Hearing
The Tribunal has adjourned the appeal to 09.01.2025 following a joint request from the counsel for both parties.
Hearing
The Tribunal has granted a request to adjourn the appeal to 27.11.2024 to allow the parties to explore an out-of-court settlement.
Hearing
The Tribunal granted the counsels for both parties additional time to complete their arguments and scheduled the appeal for orders/final hearing on 22-10-2024.
Hearing
The Tribunal granted the respondent time to prepare their brief and scheduled the case for orders on 12.09.2024.
Hearing
The Tribunal adjourned the matter and rescheduled the appeal for hearing on 12.07.2024 due to the respondent's counsel being unavailable.
Hearing
The Tribunal adjourned the proceedings to allow the respondent to seek instructions regarding a potential settlement involving the return of the appellant's amount with interest, rescheduling the hearing to 27.05.2024.
Hearing
The Tribunal granted a request from the respondent's counsel to reschedule the appeal hearing to 10.05.2024.
Hearing
The Tribunal granted a request for adjournment as the respondent's counsel was unprepared and rescheduled the hearing for May 8, 2024.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 05.04.2024.
Hearing
The Tribunal noted that the appeal is ready for hearing and scheduled the matter for orders/hearing on March 1, 2024.
Hearing
The Tribunal noted that the appeal is ripe for hearing and, upon joint request from the counsels, rescheduled the matter for hearing on 24.01.2024.
Hearing
The Tribunal has granted a request from the counsels of both parties to adjourn the appeal and list the matter on 14.08.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for 11.08.2023.
Hearing
The Tribunal adjourned the matter to 02.08.2023 for orders/hearing due to the counsel for the appellant being on sanctioned leave.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel to prepare for arguments and rescheduled the hearing for 22.05.2023.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed the submission of a soft copy via email, adjourning the matter to 10.04.2023.
For Order
The Tribunal granted a request for adjournment and allowed 10 days for the appellant to file a reply to any objections, scheduling the next hearing for March 1, 2023.
For Order
The Tribunal granted the respondent one week to file objections to the appeal and directed the Registry to convert the appeal into a regular appeal if no defects are found, noting a previous observation that the appeal was filed within the limitation period.
Hearing
The Tribunal deemed service upon the respondent sufficient and granted the respondent 10 days to file objections to the appeal, with the matter listed for hearing on 28.11.2022.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on 21.10.2022.
Defect Removal
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
Defect Removal
The Tribunal directed the appellant's counsel to verify the postal track record regarding the service of notice to the respondent and file a fresh record if delivery is confirmed, adjourning the matter to 12.07.2022.
Defect Removal
The Tribunal issued notice to the respondent and granted the appellant three days to rectify registry defects, scheduling the next hearing for July 7, 2022.
Tribunal Order #0901126009922022-21-12-2022
The Tribunal granted the respondent one week to file objections to the appeal and directed the Registry to convert the appeal into a regular appeal if no defects are found, noting a previous observation that the appeal was filed within the limitation period.
Tribunal Order #0901126009922022-06-08-2025
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to a refund of Rs. 3,99,348 along with interest at MCLR+1% due to the promoter's failure to provide a valid offer of possession with an OC/CC.
Tribunal Order #0901126009922022-27-05-2025
The Tribunal granted the respondent a final opportunity to pay the balance amount plus interest at MCLR+1%, warning that coercive measures will be taken if they fail to comply.
Tribunal Order #0901126009922022-11-02-2025
The Tribunal directed the respondent/promoter to bring on record the Statement of Account and No Dues Certificate regarding the disputed unit to verify the balance amount due for refund to the appellant.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to a refund of Rs. 3,99,348 along with interest at MCLR+1% due to the promoter's failure to provide a valid offer of possession with an OC/CC. 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 and ruled that the appellant is entitled to a refund of Rs. 3,99,348 along with interest at MCLR+1% due to the promoter's failure to provide a valid offer of possession with an OC/CC.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
- Niraj Tiwari
Respondent Advocate(s)
- Harish Pandey
- Saurabh Misra
Official RERA Tribunal Orders (4)
The Tribunal granted the respondent one week to file objections to the appeal and directed the Registry to convert the appeal into a regular appeal if no defects are found, noting a previous observation that the appeal was filed within the limitation period.
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to a refund of Rs. 3,99,348 along with interest at MCLR+1% due to the promoter's failure to provide a valid offer of possession with an OC/CC.
The Tribunal granted the respondent a final opportunity to pay the balance amount plus interest at MCLR+1%, warning that coercive measures will be taken if they fail to comply.
The Tribunal directed the respondent/promoter to bring on record the Statement of Account and No Dues Certificate regarding the disputed unit to verify the balance amount due for refund to the appellant.
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