Appellant / Complainant
Poonam Golchha
Respondent
Intellect Projects Pvt. Ltd.
intellect projects pvt. ltd.
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 0901126010622023 by Poonam Golchha against Intellect Projects Pvt. Ltd. before up_rera.
Hearing
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter to refund the appellant's deposit with interest (MCLR + 1%) because the original authority granted possession instead of the requested refund, thereby acting beyond the scope of the pleadings.
Hearing
The Tribunal denied a request for adjournment and scheduled the appeal for hearing on 20.11.2024, noting that no further adjournments will be granted.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the final hearing for October 15, 2024.
Hearing
The Tribunal granted a joint request from both counsels to adjourn the matter and rescheduled the appeal for hearing on 03.09.2024.
Hearing
The Tribunal granted a request for adjournment due to the appellant's counsel being unable to appear and rescheduled the matter for hearing on 09.08.2024.
Hearing
The court noted the illness of the appellant's counsel and adjourned the appeal to a hearing scheduled for 11.07.2024.
Hearing
The Tribunal noted that the appellant has failed to upload the required certified copy of the OC/CC and has rescheduled the defective appeal for hearing on 24.05.2024.
Hearing
The Tribunal granted an adjournment at the request of the appellant's counsel and rescheduled the hearing to 24.04.2024, while directing the appellant to file the status of OC/CC and any previous objections from the competent authority.
Hearing
The Tribunal adjourned the matter to 19.03.2024 for hearing following a request for adjournment by the respondent's counsel due to a medical exigency.
Hearing
The Tribunal granted the appellant a final three-day extension to file a reply to the respondent's objections, noting that failure to do so will result in the forfeiture of their opportunity to file.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to health grounds and out-of-station status, allowing one week for the appellant to file a reply to the respondent's objections.
Hearing
The Tribunal granted the respondent a 10-day extension to file objections to the appeal and scheduled the next hearing for August 22, 2023.
Notice
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and a Vakalatnama, with the next hearing scheduled for July 5, 2023.
Admission
The Tribunal issued a notice to the respondent and outlined specific procedural instructions for service of process and filing of objections before the next hearing on 25.04.2023.
Tribunal Order #0901126010622023-20-11-2024
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter to refund the appellant's deposit with interest (MCLR + 1%) because the original authority granted possession instead of the requested refund, thereby acting beyond the scope of the pleadings.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter to refund the appellant's deposit with interest (MCLR + 1%) because the original authority granted possession instead of the requested refund, thereby acting beyond the scope of the pleadings. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter to refund the appellant's deposit with interest (MCLR + 1%) because the original authority granted possession instead of the requested refund, thereby acting beyond the scope of the pleadings.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit made by the appellant with the respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
- Sachin Gupta
Respondent Advocate(s)
- Ajai Kumar Gupta
- Rishindra Vikram Singh
Official RERA Tribunal Orders (1)
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter to refund the appellant's deposit with interest (MCLR + 1%) because the original authority granted possession instead of the requested refund, thereby acting beyond the scope of the pleadings.
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