Appellant / Complainant
Gajendra P Singh
Respondent
Utc Softech Private Limited
utc softech private limited
₹1,40,32,908
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 0901126030342022 by Gajendra P Singh against Utc Softech Private Limited before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire deposited amount of Rs. 1,40,32,908 for two units, plus interest at MCLR+1% on each installment and litigation costs of Rs. 30,000.
Hearing
The Tribunal allowed the appellant's application to transfer Rs. 20,000/- deposited by the respondent towards costs into the appellant's bank account.
Hearing
The Tribunal granted a request to reschedule the hearing of the appeal to 07.03.2025 and directed the Registry to update the counsel's name for the respondent.
Hearing
The Tribunal granted an adjournment to the respondent subject to a cost of Rs. 20,000/- to be paid to the appellant, noting the respondent's history of repeated adjournments and misleading statements.
Hearing
The case was adjourned at the request of the appellant's counsel and is scheduled for a hearing on 23.01.2025.
Hearing
The Tribunal rejected the respondent's application to recall an order dated 18.10.2024 and upheld a penalty of Rs. 20,000 imposed on the respondent-developer for repeated adjournments, directing the cost to be transferred to the appellant.
Hearing
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 20,000 to be paid to the appellant due to repeated delays. The matter is scheduled for final hearing on 11.11.2024.
Arguments
The Tribunal granted the respondent a 10-day extension to file certified copies of bank records regarding RTGS payments, following their failure to comply with a previous order dated 03.04.2024.
Hearing
The Tribunal noted the presence of the appellant's counsel and the absence of the respondent, subsequently adjourning the matter to 10.09.2024 for the respondent's arguments.
Hearing
The Tribunal has adjourned the appeal to 05.08.2024 for orders/hearing following a joint request from the counsel for both parties.
Delay condonation
The proceedings were adjourned because the respondent's counsel requested an adjournment due to personal travel; the matter is rescheduled for hearing on 29.07.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel to allow time for placing bank records on record regarding a loan application, rescheduling the hearing to 29.04.2024.
Delay condonation
The Tribunal has issued a routine procedural order to list the appeal for hearing on 03.04.2024.
Delay condonation
The Tribunal adjourned the proceedings to 28.02.2024 because the appellant failed to provide the respondent with a copy of the previous order in a timely manner.
Delay condonation
The Tribunal has adjourned the matter to 06.02.2024 for hearing upon the request of the appellant's counsel, with a direction to inform the respondent of the new date.
Delay condonation
The Tribunal granted the appellant's request to list the appeal for orders on 29.01.2024.
Delay condonation
The Tribunal granted a request for adjournment because the counsel for the applicant failed to provide copies of the judgments to the Member of the Bench, rescheduling the matter for 25.01.2024.
Delay condonation
The Tribunal granted an adjournment at the request of the appellant's counsel to allow for brief preparation, rescheduling the hearing to 24.01.2024.
Delay condonation
The Tribunal adjourned the matter to 25.07.2023 for orders/hearing due to the absence of the respondent's counsel on sanctioned leave.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines, while allowing them to argue based on the existing record and legal issues.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the appellant to file a reply within one week of receiving them, scheduling the next hearing for 27.03.2023.
Delay condonation
The appeal was adjourned due to the absence of parties, with the matter rescheduled for further orders on 16.01.2023.
Delay condonation
The Tribunal condoned a two-day delay in filing the appeal and directed the Registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal adjourned the matter to 12.10.2022 to address the disposal of the delay condonation application and any related objections.
For Order
The Tribunal directed the respondent's counsel to file a Vakalatnama and an objection against the application for condonation of delay before the next hearing on 23.09.2022.
Defect Removal
The Tribunal directed the appellant to file an application for condonation of delay and proceed with serving notice to the respondent via speed-post and email before the next hearing on 05.07.2022.
Tribunal Order #0901126030342022-09-04-2025
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire deposited amount of Rs. 1,40,32,908 for two units, plus interest at MCLR+1% on each installment and litigation costs of Rs. 30,000.
Tribunal Order #0901126030342022-23-01-2025
The Tribunal granted an adjournment to the respondent subject to a cost of Rs. 20,000/- to be paid to the appellant, noting the respondent's history of repeated adjournments and misleading statements.
Tribunal Order #0901126030342022-11-11-2024
The Tribunal rejected the respondent's application to recall an order dated 18.10.2024 and upheld a penalty of Rs. 20,000 imposed on the respondent-developer for repeated adjournments, directing the cost to be transferred to the appellant.
Tribunal Order #0901126030342022-27-03-2023
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines, while allowing them to argue based on the existing record and legal issues.
Tribunal Order #0901126030342022-12-10-2022
The Tribunal condoned a two-day delay in filing the appeal and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126030342022-07-03-2025
The Tribunal allowed the appellant's application to transfer Rs. 20,000/- deposited by the respondent towards costs into the appellant's bank account.
Tribunal Order #0901126030342022-18-10-2024
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 20,000 to be paid to the appellant due to repeated delays. The matter is scheduled for final hearing on 11.11.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire deposited amount of Rs. 1,40,32,908 for two units, plus interest at MCLR+1% on each installment and litigation costs of Rs. 30,000. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
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 entire deposited amount of Rs. 1,40,32,908 for two units, plus interest at MCLR+1% on each installment and litigation costs of Rs. 30,000.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 2013 (on each installment) till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vikas Agarwal
Respondent Advocate(s)
- Hanuman Das
Official RERA Tribunal Orders (7)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the entire deposited amount of Rs. 1,40,32,908 for two units, plus interest at MCLR+1% on each installment and litigation costs of Rs. 30,000.
The Tribunal granted an adjournment to the respondent subject to a cost of Rs. 20,000/- to be paid to the appellant, noting the respondent's history of repeated adjournments and misleading statements.
The Tribunal rejected the respondent's application to recall an order dated 18.10.2024 and upheld a penalty of Rs. 20,000 imposed on the respondent-developer for repeated adjournments, directing the cost to be transferred to the appellant.
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous timelines, while allowing them to argue based on the existing record and legal issues.
The Tribunal condoned a two-day delay in filing the appeal and directed the Registry to register the defective appeal as a regular appeal.
The Tribunal allowed the appellant's application to transfer Rs. 20,000/- deposited by the respondent towards costs into the appellant's bank account.
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 20,000 to be paid to the appellant due to repeated delays. The matter is scheduled for final hearing on 11.11.2024.
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