Appellant / Complainant
Saumya Srivastava
Respondent
Aftek Developers Private Limited, Uttar Pradesh Real Estate Regulatory Authority
aftek developers private limited
₹1,66,227
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 0901126010542023 by Saumya Srivastava against Aftek Developers Private Limited, Uttar Pradesh Real Estate Regulatory Authority before up_rera.
Part Heard
The Tribunal set aside the lower authority's order, ruling that the appellant is not required to pay further money to the respondent; instead, the respondent must satisfy the delay interest owed to the appellant under Section 18(1) of the RERA Act and expedite execution proceedings for possession and interest recovery.
Part Heard
On the joint request of the counsels for both parties, the appeal has been adjourned and listed for hearing on 03.02.2026.
Part Heard
The Tribunal recorded the respondent's submission to pay a cost of Rs. 10,000/- to the appellant and scheduled the next hearing for January 9, 2026.
Part Heard
The Tribunal has ordered the appeal to be listed on 03.12.2025 before a Special Bench.
Part Heard
The Tribunal adjourned the matter to 24.11.2025 and imposed a cost of Rs. 10,000/- on the respondent to be paid to the appellant due to the respondent's failure to comply with previous directions regarding the filing of a personal affidavit by its Director.
Part Heard
The Tribunal directed the respondent company's Director, Sri Mohd Arif Farooqee, to appear on the next hearing date and file a personal affidavit to comply with a previous order dated 04.09.2025.
Part Heard
The Tribunal adjourned the appeal to 15.10.2025 and directed the respondent to comply with the previous order dated 04.09.2025.
Part Heard
The Tribunal directed the respondent developer to file a personal affidavit explaining why the UP RERA judgment has not been satisfied, noting that the unit remains uninhabitable and lacks OC/CC. The appellant is permitted to inspect the site in the interim.
Part Heard
The Tribunal directed the respondent to consider the appellant's uploaded computation and to upload photographs of the unit, while explicitly stating that no further adjournments will be granted to the respondent.
Part Heard
The Respondent promoter admitted that charges for open car parking, power backup, maintenance, security equipment, and power connection are not chargeable under the Builder-Buyer Agreement; consequently, the Respondent is directed to file a fresh computation after deducting these amounts.
Part Heard
The Tribunal granted a request by the respondent's counsel to list the appeal on 05.08.2025, with a clarification that no further adjournments will be granted.
Part Heard
The Tribunal granted an adjournment requested by the respondent and scheduled the appeal for hearing on 31.07.2025, with a strict warning that no further adjournments will be permitted and the matter may proceed ex parte.
Hearing
The Tribunal has adjourned the appeal to 16.07.2025 for further hearing following a joint request from the parties.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and scheduled the case for orders on July 1, 2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted a request to list the appeal for orders or hearing on May 1, 2025.
Hearing
The Tribunal granted an adjournment requested by the respondent and rescheduled the appeal for hearing on 03.04.2025.
Hearing
The Tribunal granted both parties time to file objections and explanations regarding a demand letter, adjourning the matter to 05.03.2025 for orders.
Hearing
The Tribunal granted an adjournment due to the absence of the appellant's counsel and rescheduled the appeal for a final hearing on 19.02.2025.
Hearing
The Tribunal has scheduled the matter for orders/hearing on January 27, 2025.
Hearing
The Tribunal granted the respondent 15 days to file a final demand letter regarding outstanding dues and scheduled the matter for a final hearing on 17.01.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for orders on 13.12.2024, noting that no further extensions will be granted.
Delay condonation
The Tribunal allowed the applicant's request to condone a one-day delay in filing the appeal and directed the registry to convert the defective appeal into a regular appeal, scheduling the next hearing for 14.11.2024.
Delay condonation
The Tribunal granted the applicant seven days to file a reply and scheduled the case for orders/hearing on 17.10.2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and directed the appellant to file a reply within one week of receiving the soft copy of said objections, with the next hearing scheduled for 13.09.2024.
Delay condonation
The Tribunal granted an adjournment to the appellant's counsel to allow time for brief preparation and rescheduled the hearing to 09.08.2024.
Delay condonation
The Tribunal noted the absence of both parties and ordered the defective appeal to be listed for orders on 10.07.2024.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit in support of the application for condonation of delay and scheduled the next hearing for April 10, 2024.
Delay condonation
The Tribunal proceeded ex-parte against the respondent due to non-appearance and granted the appellant one week to file a better affidavit in support of the application for condonation of delay.
Delay condonation
The Tribunal acknowledged service of notice to the respondent and granted a 10-day extension for the respondent to file objections to the condonation of delay and the appeal, scheduling the next hearing for 31.10.2023.
Delay condonation
The Tribunal adjourned the proceedings due to a strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 18.09.2023 to consider the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the notice and appeal documents via speed-post and email.
Tribunal Order #0901126010542023-21-08-2025
The Tribunal directed the respondent to consider the appellant's uploaded computation and to upload photographs of the unit, while explicitly stating that no further adjournments will be granted to the respondent.
Tribunal Order #0901126010542023-03-02-2026
The Tribunal set aside the lower authority's order, ruling that the appellant is not required to pay further money to the respondent; instead, the respondent must satisfy the delay interest owed to the appellant under Section 18(1) of the RERA Act and expedite execution proceedings for possession and interest recovery.
Tribunal Order #0901126010542023-03-12-2025
The Tribunal recorded the respondent's submission to pay a cost of Rs. 10,000/- to the appellant and scheduled the next hearing for January 9, 2026.
Tribunal Order #0901126010542023-04-11-2025
The Tribunal adjourned the matter to 24.11.2025 and imposed a cost of Rs. 10,000/- on the respondent to be paid to the appellant due to the respondent's failure to comply with previous directions regarding the filing of a personal affidavit by its Director.
Tribunal Order #0901126010542023-15-10-2025
The Tribunal directed the respondent company's Director, Sri Mohd Arif Farooqee, to appear on the next hearing date and file a personal affidavit to comply with a previous order dated 04.09.2025.
Tribunal Order #0901126010542023-04-09-2025
The Tribunal directed the respondent developer to file a personal affidavit explaining why the UP RERA judgment has not been satisfied, noting that the unit remains uninhabitable and lacks OC/CC. The appellant is permitted to inspect the site in the interim.
Tribunal Order #0901126010542023-05-08-2025
The Respondent promoter admitted that charges for open car parking, power backup, maintenance, security equipment, and power connection are not chargeable under the Builder-Buyer Agreement; consequently, the Respondent is directed to file a fresh computation after deducting these amounts.
Tribunal Order #0901126010542023-30-01-2024
The Tribunal proceeded ex-parte against the respondent due to non-appearance and granted the appellant one week to file a better affidavit in support of the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the lower authority's order, ruling that the appellant is not required to pay further money to the respondent; instead, the respondent must satisfy the delay interest owed to the appellant under Section 18(1) of the RERA Act and expedite execution proceedings for possession and interest recovery. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the lower authority's order, ruling that the appellant is not required to pay further money to the respondent; instead, the respondent must satisfy the delay interest owed to the appellant under Section 18(1) of the RERA Act and expedite execution proceedings for possession and interest recovery.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 01.01.2017 till the handing over physical possession of the unit
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
Respondent Advocate(s)
- Shadab Husain
Official RERA Tribunal Orders (8)
The Tribunal directed the respondent to consider the appellant's uploaded computation and to upload photographs of the unit, while explicitly stating that no further adjournments will be granted to the respondent.
The Tribunal set aside the lower authority's order, ruling that the appellant is not required to pay further money to the respondent; instead, the respondent must satisfy the delay interest owed to the appellant under Section 18(1) of the RERA Act and expedite execution proceedings for possession and interest recovery.
The Tribunal recorded the respondent's submission to pay a cost of Rs. 10,000/- to the appellant and scheduled the next hearing for January 9, 2026.
The Tribunal adjourned the matter to 24.11.2025 and imposed a cost of Rs. 10,000/- on the respondent to be paid to the appellant due to the respondent's failure to comply with previous directions regarding the filing of a personal affidavit by its Director.
The Tribunal directed the respondent company's Director, Sri Mohd Arif Farooqee, to appear on the next hearing date and file a personal affidavit to comply with a previous order dated 04.09.2025.
The Tribunal directed the respondent developer to file a personal affidavit explaining why the UP RERA judgment has not been satisfied, noting that the unit remains uninhabitable and lacks OC/CC. The appellant is permitted to inspect the site in the interim.
The Respondent promoter admitted that charges for open car parking, power backup, maintenance, security equipment, and power connection are not chargeable under the Builder-Buyer Agreement; consequently, the Respondent is directed to file a fresh computation after deducting these amounts.
The Tribunal proceeded ex-parte against the respondent due to non-appearance and granted the appellant one week to file a better affidavit in support of the application for condonation of delay.
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