Appellant / Complainant
Gopal Bindal
Respondent
Gardenia Aims Developers Pvt Ltd
gardenia aims developers pvt ltd
₹31,63,650
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 0901126000022021 by Gopal Bindal against Gardenia Aims Developers Pvt Ltd before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal partly allowed the appeals, directing the respondent to provide legal possession and execute conveyance deeds, pay interest for the delay period up until fit-out possession, and fulfill all promised amenities as per the project brochure.
For Order
The Tribunal heard arguments regarding an appeal against a Regulatory Authority's order concerning possession and interest claims, but has reserved its judgment for a later date.
For Order
The Tribunal rescheduled the appeal for hearing on March 22, 2024, noting that while the appellant's counsel was present, the respondent's counsel was absent.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for further orders on February 21, 2024.
For Order
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing for October 11, 2023.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to personal reasons and rescheduled the appeal for hearing on 25-08-2023.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for orders on July 7, 2023.
For Order
The Tribunal granted a joint request from the counsels for both parties to adjourn the matter and rescheduled the case for further orders on 05.01.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel, subject to a cost of Rs. 1000/-, split equally between the Tribunal's fund and the respondent's counsel.
Further Order
The Tribunal adjourned the appeal to 09.11.2022 following a joint request from the counsels for both parties.
Further Order
The Tribunal granted a request from both parties to adjourn the matter and rescheduled the appeal for hearing on 10.10.2022.
Further Order
The Tribunal adjourned the appeal on 26.08.2022 and scheduled it for further orders on 28.09.2022.
Further Order
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing for August 26, 2022.
Further Order
The Tribunal directed the respondent's counsel to file a list of dates, events, and relied-upon cases within 15 days and adjourned the matter to 18.07.2022.
Further Order
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon cases at least seven days before the next hearing and scheduled the matter for 10.05.2022.
Further Order
The Tribunal directed the appellant to file a replication/rejoinder if desired and ordered both parties to submit lists of dates, events, and relied-upon judgments before the next hearing on 05.04.2022.
Further Order
The Tribunal directed the appellant to file a rejoinder/replication against the respondent's reply and scheduled the next hearing for 24.01.2022.
For Order
The Tribunal closed the respondent's opportunity to file a reply to the grounds of appeal due to non-appearance and failure to file a response despite previous opportunities, and scheduled the next hearing for 04.01.2022.
Further Order
The Tribunal allowed an application for adjournment and rescheduled the case to 29.11.2021.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the appeal and directed them to serve a copy to the appellant before the next hearing on 08.11.2021.
Hearing on Appeal
The appeal was adjourned due to lawyers abstaining from work in support of a call by the Oudh Bar Association; the matter is rescheduled for hearing on 19.03.2021.
Hearing on Appeal
The Tribunal directed the respondent to file their vakalatnama within one week and submit a reply to the grounds of appeal within 15 days, with the matter listed for hearing on 02.03.2021.
Tribunal Order #0901126000022021-29-05-2024
The U.P. Real Estate Appellate Tribunal partly allowed the appeals, directing the respondent to provide legal possession and execute conveyance deeds, pay interest for the delay period up until fit-out possession, and fulfill all promised amenities as per the project brochure.
Tribunal Order #0901126000022021-09-11-2022
The Tribunal granted an adjournment requested by the appellant's counsel, subject to a cost of Rs. 1000/-, split equally between the Tribunal's fund and the respondent's counsel.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal partly allowed the appeals, directing the respondent to provide legal possession and execute conveyance deeds, pay interest for the delay period up until fit-out possession, and fulfill all promised amenities as per the project brochure. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal partly allowed the appeals, directing the respondent to provide legal possession and execute conveyance deeds, pay interest for the delay period up until fit-out possession, and fulfill all promised amenities as per the project brochure.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from promised date of possession as per agreement till providing fit out possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Shuchita Singh
- Ankit Yadav
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal partly allowed the appeals, directing the respondent to provide legal possession and execute conveyance deeds, pay interest for the delay period up until fit-out possession, and fulfill all promised amenities as per the project brochure.
The Tribunal granted an adjournment requested by the appellant's counsel, subject to a cost of Rs. 1000/-, split equally between the Tribunal's fund and the respondent's counsel.
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