Appellant / Complainant
M/S Colorful Estate Private Limited
Respondent
Satya Prakash
colorful estate private limited
₹33,85,550
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 0901126014552020 by M/S Colorful Estate Private Limited against Satya Prakash before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the developer's appeal against a RERA order, upholding the requirement to provide possession and pay delay interest, and directed that the promoter's pre-deposited funds be transferred to the Regulatory Authority for disbursement to the allottee.
Final Hearing
The tribunal heard arguments from both parties regarding the appellant's challenge to a RERA order concerning interest liability for delayed possession; however, the judgment has been reserved.
Final Hearing
The Tribunal rescheduled the appeal for a final hearing on 16.08.2022 at the request of both parties and directed that no further adjournments will be granted.
Final Hearing
The Tribunal granted an adjournment of the appeal following a request from the respondent's counsel and an assurance from the appellant's co-counsel regarding compliance with a previous order, rescheduling the hearing to 22.07.2022.
Final Hearing
The Tribunal directed the appellant to file a revised demand letter in compliance with a previous order and instructed the respondent to file objections before the next hearing on 04.07.2022.
Final Hearing
The Tribunal directed the appellant to issue a fresh demand letter considering the OC/CC dated 01.12.2017, with delay interest and buyer delay interest both set at MCLR+1%.
Final Hearing
The Tribunal adjourned the case to 11.04.2022 because the appellant's counsel was unavailable due to a conflicting hearing in the High Court.
Hearing
The matter was adjourned due to the unavailability of counsel for the appellant; the case is rescheduled for hearing on 11.01.2022.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the appeal hearing to 21.12.2021 and directed parties to be prepared for final hearing without further adjournment.
Hearing
The Tribunal granted the appellant's counsel a one-week extension to seek instructions and scheduled the next hearing for 14.12.2021.
Hearing
The Tribunal granted the appellant three days to file a reply to the respondent's objections and adjourned the matter to 26.11.2021 for hearing.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the final hearing for November 15, 2021.
Delay condonation
The Tribunal allowed the applicant's application for condonation of delay, citing the Supreme Court's extension of limitation periods due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The court granted a request for adjournment from the appellant's counsel due to personal reasons and rescheduled the defective appeal for hearing on 08.04.2021.
For Order
The Tribunal adjourned the defective appeal to 18.03.2021 due to a lawyers' strike and directed the parties to exchange their pleadings in the interim.
Notice
The Tribunal granted the respondent two weeks to file objections and directed the parties to exchange copies via email and upload documents to the e-portal before the next hearing on 26.02.2021.
Tribunal Order #0901126014552020-27-09-2022
The Appellate Tribunal dismissed the developer's appeal against a RERA order, upholding the requirement to provide possession and pay delay interest, and directed that the promoter's pre-deposited funds be transferred to the Regulatory Authority for disbursement to the allottee.
Tribunal Order #0901126014552020-20-09-2021
The Tribunal allowed the applicant's application for condonation of delay, citing the Supreme Court's extension of limitation periods due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126014552020-11-04-2022
The Tribunal directed the appellant to issue a fresh demand letter considering the OC/CC dated 01.12.2017, with delay interest and buyer delay interest both set at MCLR+1%.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the developer's appeal against a RERA order, upholding the requirement to provide possession and pay delay interest, and directed that the promoter's pre-deposited funds be transferred to the Regulatory Authority for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: Rs. 5/- per sq. ft. for the period from 10.03.2014 to 30.04.2016 and at the rate of MCLR+1% on the deposited amount from 01.05.2016 till the date of receipt of OC/CC or offer of possession, whichever is later.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the developer's appeal against a RERA order, upholding the requirement to provide possession and pay delay interest, and directed that the promoter's pre-deposited funds be transferred to the Regulatory Authority for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
Rs. 5/- per sq. ft. for the period from 10.03.2014 to 30.04.2016 and at the rate of MCLR+1% on the deposited amount from 01.05.2016 till the date of receipt of OC/CC or offer of possession, whichever is later
Interest Period
from 10.03.2014 to 30.04.2016 and from 01.05.2016 till the date of receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Anshul Baranwal
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the developer's appeal against a RERA order, upholding the requirement to provide possession and pay delay interest, and directed that the promoter's pre-deposited funds be transferred to the Regulatory Authority for disbursement to the allottee.
The Tribunal allowed the applicant's application for condonation of delay, citing the Supreme Court's extension of limitation periods due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal directed the appellant to issue a fresh demand letter considering the OC/CC dated 01.12.2017, with delay interest and buyer delay interest both set at MCLR+1%.
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