Appellant / Complainant
Virendra Kumar Jain, Gunjan Jain
Respondent
Pratham Buildcon Private Limited
pratham buildcon private limited
₹50,14,461
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 0901126054882021 by Virendra Kumar Jain, Gunjan Jain against Pratham Buildcon Private Limited before up_rera.
Re-Hearing
The Tribunal set aside previous orders for possession and directed the respondent promoter to refund Rs. 50,14,461 to the appellant within 45 days, failing which interest at MCLR+1% shall apply.
Re-Hearing
The Tribunal imposed a cost of Rs. 20,000 to be paid by the respondent to the appellant and adjourned the matter to 01.07.2025 following the respondent's failure to comply with a previous order.
Re-Hearing
The Tribunal granted the respondent's counsel a final extension of time to comply with the order dated 21.04.2025 and scheduled the appeal for hearing on 29.05.2025.
Re-Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 14.05.2025.
Re-Hearing
The Tribunal granted the respondent additional time to comply with a previous order dated 24.02.2025 and rescheduled the case for orders on 21.04.2025.
Re-Hearing
The Tribunal ruled that the appellant is entitled to withdraw from the project and receive a refund due to the lack of an Occupancy Certificate/Completion Certificate, directing the respondent to file a computation of delay interest.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 24.02.2025.
For Order
The court has granted a request from the counsel of both parties to adjourn the appeal and list the matter on 10.02.2025.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and subsequently reserved the judgment for further consideration.
Hearing
The Tribunal granted a request from the counsels of both parties to adjourn the matter and rescheduled the hearing for 20.08.2024.
Hearing
The Tribunal noted that the appeal is ripe for hearing and rescheduled the matter for hearing on 25.07.2024 following an adjournment request from the respondent's counsel on health grounds.
Hearing
The appeal was adjourned to 29.04.2024 following a request for adjournment by the appellant's counsel due to a personal bereavement.
Hearing
The Tribunal adjourned the proceedings to 22.03.2024 to allow the parties to pursue an amicable settlement, noting that the matter will proceed to arguments if no settlement is reached.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for hearing on 20.02.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 01.02.2024.
Hearing
The Tribunal granted the appellant's counsel additional time to file physical copies of documents and scheduled the next hearing for August 14, 2023.
Hearing
The Tribunal adjourned the proceedings at the joint request of the counsels to allow time for brief preparation and rescheduled the hearing for 04.05.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on April 4, 2023.
Hearing
The Tribunal noted that the appeal was wrongly listed for today and ordered that it be listed on its previously scheduled date of 20.01.2023.
Hearing
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondent's objections, noting that failure to do so will result in the loss of the opportunity to file.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed both parties to upload their documents to the e-portal within a week, scheduling the next hearing for 15.09.2022.
Exchange of pleadings
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed Shri Kartikey Dubey to submit a response to the Tribunal's query within a week.
Exchange of pleadings
The Tribunal directed the respondent to file a reply to the grounds of appeal and provide the status of the OC/CC within one week, listing the matter for 10.08.2022.
Exchange of pleadings
The Tribunal issued a notice to the U.P. State Industrial Development Authority to explain the delay in issuing the Occupancy/Completion Certificate (OC/CC), noting that the dispute between the appellant and respondent cannot be resolved until the certificate is obtained.
to file objections and its reply
The Tribunal directed the appellant to appear in person and ordered the respondent to appear through an authorized representative to discuss the respondent's offer to hand over possession with interest at MCLR+1%.
Further Order
The Tribunal granted the respondent two weeks to file objections and directed both parties to upload their pleadings to the e-portal before the next hearing on 07.04.2022.
Defect Removal
The Tribunal directed the appellant to rectify all registry-identified defects within one week and ordered notice to be issued to the respondent via registered post.
Tribunal Order #0901126054882021-01-07-2025
The Tribunal set aside previous orders for possession and directed the respondent promoter to refund Rs. 50,14,461 to the appellant within 45 days, failing which interest at MCLR+1% shall apply.
Tribunal Order #0901126054882021-24-02-2025
The Tribunal ruled that the appellant is entitled to withdraw from the project and receive a refund due to the lack of an Occupancy Certificate/Completion Certificate, directing the respondent to file a computation of delay interest.
Tribunal Order #0901126054882021-07-04-2022
The Tribunal directed the appellant to appear in person and ordered the respondent to appear through an authorized representative to discuss the respondent's offer to hand over possession with interest at MCLR+1%.
Tribunal Order #0901126054882021-29-05-2025
The Tribunal imposed a cost of Rs. 20,000 to be paid by the respondent to the appellant and adjourned the matter to 01.07.2025 following the respondent's failure to comply with a previous order.
Tribunal Order #0901126054882021-11-05-2022
The Tribunal issued a notice to the U.P. State Industrial Development Authority to explain the delay in issuing the Occupancy/Completion Certificate (OC/CC), noting that the dispute between the appellant and respondent cannot be resolved until the certificate is obtained.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside previous orders for possession and directed the respondent promoter to refund Rs. 50,14,461 to the appellant within 45 days, failing which interest at MCLR+1% shall apply. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside previous orders for possession and directed the respondent promoter to refund Rs. 50,14,461 to the appellant within 45 days, failing which interest at MCLR+1% shall apply.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prashant Chandra
- Vanshaj Shukla
Respondent Advocate(s)
- Abhishek Shukla
Official RERA Tribunal Orders (5)
The Tribunal set aside previous orders for possession and directed the respondent promoter to refund Rs. 50,14,461 to the appellant within 45 days, failing which interest at MCLR+1% shall apply.
The Tribunal ruled that the appellant is entitled to withdraw from the project and receive a refund due to the lack of an Occupancy Certificate/Completion Certificate, directing the respondent to file a computation of delay interest.
The Tribunal directed the appellant to appear in person and ordered the respondent to appear through an authorized representative to discuss the respondent's offer to hand over possession with interest at MCLR+1%.
The Tribunal imposed a cost of Rs. 20,000 to be paid by the respondent to the appellant and adjourned the matter to 01.07.2025 following the respondent's failure to comply with a previous order.
The Tribunal issued a notice to the U.P. State Industrial Development Authority to explain the delay in issuing the Occupancy/Completion Certificate (OC/CC), noting that the dispute between the appellant and respondent cannot be resolved until the certificate is obtained.
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