up_reraStatus: Completed
CASE ID: 0901126015032020

Appellant / Complainant

Ashok Kumar Agrawal, Deepti Agrawal

VS

Respondent

Svp Builders India Ltd.

Developer Firm

svp builders india ltd.

Disputed Amount

32,57,732

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / InterestUnfair Cancellation & Forfeiture

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

47 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126015032020 by Ashok Kumar Agrawal, Deepti Agrawal against Svp Builders India Ltd. before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / InterestUnfair Cancellation & Forfeiture
2
Stage 130/05/2024

for delivery of Judgment/Order

The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining deposited amount to the appellants with interest at the rate of SBI's MCLR + 1% per annum from the date of deposit until the date of refund.

3
Stage 218/03/2024

Further Hearing

The Tribunal heard arguments regarding an appeal against a RERA order concerning the refund of deposited amounts and the disputed forfeiture of funds following the cancellation of a flat unit. The judgment has been reserved pending a final decision on whether the respondent's forfeiture of Rs. 11,91,832 was lawful.

4
Stage 315/03/2024

Further Hearing

The matter was adjourned due to the absence of the appellant's counsel and is scheduled for further hearing on March 18, 2024.

5
Stage 414/03/2024

Final Hearing

Upon the joint request of the counsel for both parties, the matter has been adjourned for further hearing scheduled for tomorrow, March 15, 2024.

6
Stage 511/03/2024

Final Hearing

The Tribunal adjourned the proceedings due to a medical exigency involving the respondent's counsel and rescheduled the matter for 14.03.2024.

7
Stage 605/03/2024

Final Hearing

The Tribunal noted the history of the cancellation request and loan closure, then adjourned the matter to 11.03.2024 to allow the respondent counsel time to seek instructions regarding the forfeiture of earnest money.

8
Stage 704/03/2024

Final Hearing

The Tribunal directed the respondent to produce original records regarding the appellant's request for unit cancellation and the subsequent communication of that decision to the appellant.

9
Stage 830/01/2024

Final Hearing

The Tribunal noted that the appeal is ready for hearing and scheduled it for a subsequent hearing on 04.03.2024.

10
Stage 931/10/2023

Final Hearing

No text available.

11
Stage 1018/09/2023

Final Hearing

The Tribunal granted the appellant one week to clarify the construction start date under Clause 59 of the Agreement and permitted the respondent to file an affidavit to verify their claims regarding the project's completion timeline.

12
Stage 1128/07/2023

Final Hearing

No text available.

13
Stage 1217/05/2023

Final Hearing

No text available.

14
Stage 1327/04/2023

Final Hearing

This document appears to be a formal heading/caption of an appeal case (APPEAL-212/2021) before the U.P. Real Estate Appellate Tribunal, noting the presence of counsel and the presiding members, but contains no substantive ruling or directive.

15
Stage 1420/03/2023

Final Hearing

No text available.

16
Stage 1509/02/2023

Final Hearing

No text available.

17
Stage 1605/01/2023

Final Hearing

No text available.

18
Stage 1705/12/2022

Final Hearing

No text available.

19
Stage 1810/11/2022

Final Hearing

The Tribunal granted adjournment applications filed by the respondent's counsel and rescheduled the appeal for a final hearing on 05.12.2022.

20
Stage 1921/10/2022

Final Hearing

The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for November 10, 2022.

21
Stage 2030/09/2022

Final Hearing

The Tribunal granted an adjournment requested by the respondent's counsel and directed the respondent to serve a copy of their recall application to the appellants before the next hearing date on 21.10.2022.

22
Stage 2101/09/2022

Final Hearing

The Tribunal directed the respondent to file an application within 10 days to recall the ex-parte proceedings initiated against them and scheduled the matter for hearing on the recall application on 30.09.2022.

23
Stage 2203/08/2022

Final Hearing

The Tribunal noted the respondent's failure to file a reply or appear, resulting in the case proceeding ex-parte against the respondent and listing the matter for 01.09.2022.

24
Stage 2327/05/2022

Final Hearing

The Tribunal granted an adjournment and directed the respondent to file a list of dates and events within 15 days, noting that the opportunity for the respondent to file a reply had previously been closed.

25
Stage 2425/04/2022

Final Hearing

The Tribunal adjourned the appeal to 27.05.2022 and issued a warning that future adjournment requests by the respondent must be made via formal application or face costs.

26
Stage 2521/03/2022

Final Hearing

The Tribunal noted the respondent's failure to file a reply despite previous opportunities and adjourned the matter to 25.04.2022 for hearing.

27
Stage 2607/03/2022

Final Hearing

The matter was adjourned to 21.03.2022 following a notice that the parties may reach a settlement.

28
Stage 2707/01/2022

Final Hearing

The Tribunal granted the respondent ten days to submit requested information and scheduled the appeal for a hearing on 24.01.2022.

29
Stage 2809/12/2021

Final Hearing

The Tribunal directed the respondent to produce information regarding the start date of construction within two weeks and share it with the appellant via email before the next hearing.

30
Stage 2918/11/2021

Final Hearing

The Tribunal directed the appellant to bring on record the specific date of commencement of construction and the subsequent expiry of the 30-month period as stipulated in the Builder Buyer Agreement dated 30.05.2013.

31
Stage 3026/10/2021

Hearing

The Tribunal closed the respondent's opportunity to file a reply/objection to the grounds of appeal due to failure to comply with previous directions and adjourned the matter for final hearing on 18.11.2021.

32
Stage 3114/09/2021

Further Order

The Tribunal granted the respondent one final opportunity to file a reply to the grounds of appeal, directing that a copy be sent to the appellant via email, and adjourned the matter to 26.10.2021.

33
Stage 3213/04/2021

Further Order

No text available.

34
Stage 3318/03/2021

Hearing

The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal within 15 days and scheduled the next hearing for April 13, 2021.

35
Stage 3403/03/2021

Hearing

The case is adjourned to 18.03.2021 due to a lawyers' strike, with parties directed to exchange their pleadings in the interim.

36
Stage 3509/02/2021

Further Hearing

The Tribunal ruled that the appeal is within the limitation period and ordered it to be registered as a regular appeal, directing the respondent to file a reply within 15 days.

37
Stage 3617/12/2020

Further Hearing

No text available.

38
Stage 3727/11/2020

Further Hearing

No text available.

39
Stage 38Final Ruling Order

Tribunal Order #0901126015032020-30-05-2024

The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining deposited amount to the appellants with interest at the rate of SBI's MCLR + 1% per annum from the date of deposit until the date of refund.

40
Stage 39Interim Order

Tribunal Order #0901126015032020-18-03-2024

The Tribunal heard arguments regarding an appeal against a RERA order concerning the refund of deposited amounts and the disputed forfeiture of funds following the cancellation of a flat unit. The judgment has been reserved pending a final decision on whether the respondent's forfeiture of Rs. 11,91,832 was lawful.

41
Stage 40Interim Order

Tribunal Order #0901126015032020-18-09-2023

The Tribunal granted the appellant one week to clarify the construction start date under Clause 59 of the Agreement and permitted the respondent to file an affidavit to verify their claims regarding the project's completion timeline.

42
Stage 41Interim Order

Tribunal Order #0901126015032020-18-11-2021

The Tribunal directed the appellant to bring on record the specific date of commencement of construction and the subsequent expiry of the 30-month period as stipulated in the Builder Buyer Agreement dated 30.05.2013.

43
Stage 42Interim Order

Tribunal Order #0901126015032020-09-02-2021

The Tribunal ruled that the appeal is within the limitation period and ordered it to be registered as a regular appeal, directing the respondent to file a reply within 15 days.

44
Stage 43Interim Order

Tribunal Order #0901126015032020-04-03-2024

The Tribunal directed the respondent to produce original records regarding the appellant's request for unit cancellation and the subsequent communication of that decision to the appellant.

45
Stage 44Interim Order

Tribunal Order #0901126015032020-09-12-2021

The Tribunal directed the respondent to produce information regarding the start date of construction within two weeks and share it with the appellant via email before the next hearing.

46
Stage 45Interim Order

Tribunal Order #0901126015032020-26-10-2021

The Tribunal closed the respondent's opportunity to file a reply/objection to the grounds of appeal due to failure to comply with previous directions and adjourned the matter for final hearing on 18.11.2021.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining deposited amount to the appellants with interest at the rate of SBI's MCLR + 1% per annum from the date of deposit until the date of refund. Awarded in favor of Appellant. Awarded interest rate: State Bank of India's MCLR+1% per annum.

Disposal Winner: AppellantInterest Rate: State Bank of India's MCLR+1% per annumStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining deposited amount to the appellants with interest at the rate of SBI's MCLR + 1% per annum from the date of deposit until the date of refund.

Ruling Awarded To

Appellant

Awarded Interest Rate

State Bank of India's MCLR+1% per annum

Interest Period

from the date of deposit till the refund of the amount

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 11(5)

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Swapnil Yadav
  • Rahul Kapoor

Respondent Advocate(s)

  • Azhar Ikram
  • Manish Singh

Official RERA Tribunal Orders (8)

FINAL_ORDEROrder ID: 0901126015032020-30-05-2024

The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the remaining deposited amount to the appellants with interest at the rate of SBI's MCLR + 1% per annum from the date of deposit until the date of refund.

INTERIM_ORDEROrder ID: 0901126015032020-18-03-2024

The Tribunal heard arguments regarding an appeal against a RERA order concerning the refund of deposited amounts and the disputed forfeiture of funds following the cancellation of a flat unit. The judgment has been reserved pending a final decision on whether the respondent's forfeiture of Rs. 11,91,832 was lawful.

INTERIM_ORDEROrder ID: 0901126015032020-18-09-2023

The Tribunal granted the appellant one week to clarify the construction start date under Clause 59 of the Agreement and permitted the respondent to file an affidavit to verify their claims regarding the project's completion timeline.

INTERIM_ORDEROrder ID: 0901126015032020-18-11-2021

The Tribunal directed the appellant to bring on record the specific date of commencement of construction and the subsequent expiry of the 30-month period as stipulated in the Builder Buyer Agreement dated 30.05.2013.

INTERIM_ORDEROrder ID: 0901126015032020-09-02-2021

The Tribunal ruled that the appeal is within the limitation period and ordered it to be registered as a regular appeal, directing the respondent to file a reply within 15 days.

INTERIM_ORDEROrder ID: 0901126015032020-04-03-2024

The Tribunal directed the respondent to produce original records regarding the appellant's request for unit cancellation and the subsequent communication of that decision to the appellant.

INTERIM_ORDEROrder ID: 0901126015032020-09-12-2021

The Tribunal directed the respondent to produce information regarding the start date of construction within two weeks and share it with the appellant via email before the next hearing.

INTERIM_ORDEROrder ID: 0901126015032020-26-10-2021

The Tribunal closed the respondent's opportunity to file a reply/objection to the grounds of appeal due to failure to comply with previous directions and adjourned the matter for final hearing on 18.11.2021.

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