Appellant / Complainant
Nirmala Devi
Respondent
Aftek Developers Private Limited
aftek developers private limited
₹5,74,189
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 0901126036702021 by Nirmala Devi against Aftek Developers Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at the rate of MCLR+1% per annum due to failure to deliver possession by the agreed deadline.
Further Hearing
The Tribunal heard arguments regarding an appeal against a RERA order that rejected a refund and penalty claim due to undisclosed prior payments and jurisdictional issues; judgment has been reserved.
Further Hearing
The Tribunal granted the parties one week to negotiate an amicable settlement involving the respondent offering an alternative unit to the appellant. The respondent must provide details of available units within three days for the appellant's inspection and decision.
Further Hearing
The Tribunal granted the respondent 24 hours to seek instructions regarding compliance with BBA provisions and the possibility of refunding the appellant's deposit with interest.
Further Order
The Tribunal adjourned the matter to 19.04.2022, noting that if the respondent fails to appear at the next hearing, the court may be constrained to summon the CMD of the respondent company.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for April 1, 2022.
Further Order
The Tribunal noted the respondent's reply to the grounds of appeal and granted the appellant the option to file a replication/rejoinder, adjourning the matter to 28.01.2022.
Further Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for January 5, 2022.
Notice
The Tribunal granted the respondent 10 days to file a reply to the grounds of appeal and adjourned the matter to 13.12.2021.
Notice
The Tribunal directed the respondent to file their Vakalatnama and reply to the appeal within ten days and scheduled the next hearing for November 18, 2021.
Hearing on Appeal
The Tribunal issued notice to the respondent and scheduled the appeal for a hearing on 26.10.2021.
Tribunal Order #0901126036702021-30-06-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at the rate of MCLR+1% per annum due to failure to deliver possession by the agreed deadline.
Tribunal Order #0901126036702021-27-04-2022
The Tribunal heard arguments regarding an appeal against a RERA order that rejected a refund and penalty claim due to undisclosed prior payments and jurisdictional issues; judgment has been reserved.
Tribunal Order #0901126036702021-20-04-2022
The Tribunal granted the parties one week to negotiate an amicable settlement involving the respondent offering an alternative unit to the appellant. The respondent must provide details of available units within three days for the appellant's inspection and decision.
Tribunal Order #0901126036702021-01-04-2022
The Tribunal adjourned the matter to 19.04.2022, noting that if the respondent fails to appear at the next hearing, the court may be constrained to summon the CMD of the respondent company.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at the rate of MCLR+1% per annum due to failure to deliver possession by the agreed deadline. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
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 appellant's deposited amount with interest at the rate of MCLR+1% per annum due to failure to deliver possession by the agreed deadline.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from the date of deposit till refund of the said amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rachit Sondhi
Respondent Advocate(s)
- Anurag Singh
Official RERA Tribunal Orders (4)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's deposited amount with interest at the rate of MCLR+1% per annum due to failure to deliver possession by the agreed deadline.
The Tribunal heard arguments regarding an appeal against a RERA order that rejected a refund and penalty claim due to undisclosed prior payments and jurisdictional issues; judgment has been reserved.
The Tribunal granted the parties one week to negotiate an amicable settlement involving the respondent offering an alternative unit to the appellant. The respondent must provide details of available units within three days for the appellant's inspection and decision.
The Tribunal adjourned the matter to 19.04.2022, noting that if the respondent fails to appear at the next hearing, the court may be constrained to summon the CMD of the respondent company.
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