Appellant / Complainant
Hawelia Builders Pvt. Ltd.
Respondent
Debashish Sonar, Anr.
hawelia builders pvt. ltd.
₹42,36,750
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 0901126012882020 by Hawelia Builders Pvt. Ltd. against Debashish Sonar, Anr. before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Part Heard
The Tribunal heard arguments from the counsel for both parties, and the judgment/order has been reserved.
Part Heard
The Tribunal adjourned the appeal to 17.01.2023 for further orders due to lack of time.
Part Heard
The Tribunal directed the parties to calculate interest based on a settlement framework where the temporary OC date is the cutoff, allowing the respondent to claim delay interest from the promised possession date until the appeal filing, provided no payment defaults occurred.
Part Heard
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for 18.10.2022.
Part Heard
The parties expressed intent to settle the matter, agreeing on specific terms regarding the TOC cut-off date for interest calculation and a reduction of the grace period from six to three months. The court directed both parties to file a settlement deed and return on 14.09.2022.
Part Heard
The Tribunal adjourned the matter to 30.08.2022 for conclusion of arguments and directed both the appellant's authorized signatory and the respondent to appear in person on the next date.
Part Heard
The matter is part-heard by Bench No. 2, and the appeal has been scheduled for further hearing on 17.08.2022.
Final Hearing
The Tribunal noted that parties are negotiating an out-of-court settlement and directed them to exchange and file written arguments at least seven days before the next hearing on 22.07.2022.
Final Hearing
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a colleague's illness and rescheduled the case for final hearing on 01.02.2022.
Final Hearing
The Tribunal granted the appellant time to file a supplementary affidavit regarding NOCs and directed them to rectify any deficiencies in compliance with Section 43(5) of the Act concerning deposits required up to the issuance of the Occupancy Certificate (OC).
Final Hearing
Upon the joint request of the counsels for both parties, the case is scheduled for 07.12.2021 to consider the application for condonation of delay and proceed with the hearing.
Final Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the matter to 29.11.2021 for further proceedings.
Delay condonation
The Tribunal granted an adjournment requested by the applicant's counsel due to illness and scheduled the case for final hearing on 10.11.2021.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the defective appeal for hearing on 05.04.2021.
For Order
The Tribunal granted the appellant one week to file a reply to the respondents' objections and scheduled the matter for 19.02.2021 to consider the application for condonation of delay.
Tribunal Order #0901126012882020-30-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Tribunal Order #0901126012882020-30-08-2022
The parties expressed intent to settle the matter, agreeing on specific terms regarding the TOC cut-off date for interest calculation and a reduction of the grace period from six to three months. The court directed both parties to file a settlement deed and return on 14.09.2022.
Tribunal Order #0901126012882020-18-10-2022
The Tribunal directed the parties to calculate interest based on a settlement framework where the temporary OC date is the cutoff, allowing the respondent to claim delay interest from the promised possession date until the appeal filing, provided no payment defaults occurred.
Tribunal Order #0901126012882020-29-03-2022
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
Tribunal Order #0901126012882020-07-12-2021
The Tribunal granted the appellant time to file a supplementary affidavit regarding NOCs and directed them to rectify any deficiencies in compliance with Section 43(5) of the Act concerning deposits required up to the issuance of the Occupancy Certificate (OC).
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from 29.08.2017 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Nirmit Srivastav
Official RERA Tribunal Orders (5)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
The parties expressed intent to settle the matter, agreeing on specific terms regarding the TOC cut-off date for interest calculation and a reduction of the grace period from six to three months. The court directed both parties to file a settlement deed and return on 14.09.2022.
The Tribunal directed the parties to calculate interest based on a settlement framework where the temporary OC date is the cutoff, allowing the respondent to claim delay interest from the promised possession date until the appeal filing, provided no payment defaults occurred.
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
The Tribunal granted the appellant time to file a supplementary affidavit regarding NOCs and directed them to rectify any deficiencies in compliance with Section 43(5) of the Act concerning deposits required up to the issuance of the Occupancy Certificate (OC).
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