up_reraStatus: Completed
CASE ID: 0901126057892021

Appellant / Complainant

Shubhhomes Realcon Private Limited

VS

Respondent

Amit Pachauri

Developer Firm

shubhhomes realcon private limited

Disputed Amount

1,80,000

Disposal Award

Respondent

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Legal Issues & Claims Raised

Refund of InvestmentUnfair Cancellation & Forfeiture

Case Procedural History & Progression Tree

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

39 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126057892021 by Shubhhomes Realcon Private Limited against Amit Pachauri before up_rera.

Refund of InvestmentUnfair Cancellation & Forfeiture
2
Stage 131/01/2025

for delivery of Judgment/Order

The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.

3
Stage 202/12/2024

Hearing

The Tribunal heard arguments from the appellant's counsel regarding the appeal and subsequently reserved the judgment for further delivery.

4
Stage 325/10/2024

Hearing

The Tribunal adjourned the proceedings following an adjournment request from the appellant's counsel and scheduled the appeal for hearing on 02-12-2024.

5
Stage 418/09/2024

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the appeal for a final hearing on 25.10.2024.

6
Stage 521/08/2024

For Order

The Tribunal noted a technical glitch with the portal and scheduled the appeal for final hearing on 18.09.2024.

7
Stage 625/07/2024

For Order

The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.

8
Stage 730/05/2024

For Order

The Tribunal has scheduled the appeal for orders or hearing on 25.07.2024 due to the reported illness of the appellant's counsel.

9
Stage 829/04/2024

For Order

No text available.

10
Stage 922/03/2024

For Order

The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for April 29, 2024.

11
Stage 1026/02/2024

For Order

The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for 22.03.2024.

12
Stage 1117/01/2024

For Order

The Tribunal granted the appellant a one-week extension to file an affidavit of service and rescheduled the hearing for February 26, 2024.

13
Stage 1213/10/2023

For Order

No text available.

14
Stage 1305/09/2023

For Order

The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.

15
Stage 1403/08/2023

For Order

The Tribunal adjourned the appeal to 05.09.2023 because the counsel for the appellant was reported to be ill.

16
Stage 1522/05/2023

For Order

The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for August 3, 2023.

17
Stage 1610/04/2023

For Order

The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the case for hearing on 22.05.2023.

18
Stage 1701/03/2023

For Order

The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the matter for orders on 10.04.2023.

19
Stage 1817/02/2023

Further Order

The Tribunal granted the appellant's counsel one week to examine whether an expression of interest constitutes an agreement and if the respondent qualifies as an allottee, adjourning the matter to 01.03.2023.

20
Stage 1917/01/2023

Further Order

No text available.

21
Stage 2015/12/2022

Hearing

The Tribunal granted the appellant's counsel one week's time to ensure compliance with a previous order dated 11.08.2022 and scheduled the matter for orders on 17.01.2023.

22
Stage 2121/11/2022

Hearing

No text available.

23
Stage 2214/10/2022

Hearing

No text available.

24
Stage 2315/09/2022

Hearing

No text available.

25
Stage 2430/08/2022

Hearing

The Tribunal noted the unavailability of the appellant's counsel and rescheduled the appeal for hearing on 15.09.2022.

26
Stage 2511/08/2022

Exchange of pleadings

The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.

27
Stage 2621/07/2022

Hearing

The Tribunal accepted proof of service on the respondent via speed post and email, granting the respondent an extension to file objections and scheduling the next hearing for 11.08.2022.

28
Stage 2710/05/2022

Hearing

The Tribunal adjourned the matter due to lawyer abstention following an Oudh Bar Association resolution and scheduled the case for final hearing on 21.07.2022.

29
Stage 2804/05/2022

Notice

The Tribunal granted a request for adjournment filed by the appellant's counsel and rescheduled the hearing for May 10, 2022.

30
Stage 2906/04/2022

Notice

The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.

31
Stage 3015/03/2022

Notice

The Tribunal issued fresh notices to the respondent due to the appellant's failure to take previous steps and directed the parties to complete service via speed post and email before the next hearing on 06.04.2022.

32
Stage 3121/02/2022

Notice

The Tribunal ordered the issuance of fresh notice to the respondent due to their absence and directed the appellant to serve the notice via speed-post and email, with the matter listed for 15.03.2022.

33
Stage 3211/01/2022

Notice

No text available.

34
Stage 3309/12/2021

Hearing on Appeal

The Tribunal issued notice to the respondent via registered post and email and scheduled the matter for further orders on 11.01.2022.

35
Stage 34Interim Order

Tribunal Order #0901126057892021-06-04-2022

The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.

36
Stage 35Final Ruling Order

Tribunal Order #0901126057892021-31-01-2025

The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.

37
Stage 36Interim Order

Tribunal Order #0901126057892021-25-07-2024

The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.

38
Stage 37Interim Order

Tribunal Order #0901126057892021-11-08-2022

The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money. Awarded in favor of Respondent.

Disposal Winner: RespondentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.

Ruling Awarded To

Respondent

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)

  • Kshemendra Shukla

Respondent Advocate(s)

  • Kshemendra Shukla

Official RERA Tribunal Orders (4)

INTERIM_ORDEROrder ID: 0901126057892021-06-04-2022

The Tribunal ruled that service of notice to the respondent was sufficient via email and speed post, and granted the respondent 10 days to file objections before proceeding ex-parte.

FINAL_ORDEROrder ID: 0901126057892021-31-01-2025

The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Shubhhomes Realcon Pvt. Ltd., upholding the Regulatory Authority's order that the promoter must refund the deposited amount to the complainant because the failure to secure a bank loan under a subvention plan did not justify forfeiture of earnest money.

INTERIM_ORDEROrder ID: 0901126057892021-25-07-2024

The Tribunal has ordered the appeal to be listed on 21.08.2024 for an ex-parte hearing due to the respondent's failure to appear or file objections despite sufficient notice.

INTERIM_ORDEROrder ID: 0901126057892021-11-08-2022

The Tribunal noted discrepancies regarding the signature on the 'expression of interest' and directed the appellant to produce the respondent's booking application, project brochure, and allotment documents within one week.

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