ROHIT RANJAN AGARWAL
Buland Builtech Pvt. Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
Rohit Ranjan Agarwal, J.
1. This appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as 'Act') has been preferred against the judgment dated 05.03.2020 passed by Real Estate Appellate Tribunal, Lucknow in Misc. Case No. 509 of 2019 and order dated 17.07.2018 passed by Real Estate Regulatory Authority, Moradabad, U.P. in Complaint Case No. 1220174612.
2. Facts in nutshell are that a complaint was filed by respondent No. 5 before U.P. Real Estate Regulatory Authority (for short 'Authority') on 19.12.2017, on the ground that respondent No. 5 had entered into a buyer builder agreement on 14.01.2014 and an allotment letter was issued, and a sum of Rs. 25 lacs was paid by respondent No. 5 to appellant and the possession of the flat was to be handed over by 14.01.2016. As possession of the flat was delayed by the builder for about 23 months, the complaint was lodged.
3. The Authority after putting the appellant to notice and hearing parties on 17.07.2018, directed for refund of entire money along with interest as being applied by the State Bank of India, M.C.L.R. + 1 % from the date of booking till refund of the amount and further im
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