Appellant / Complainant
Gaursons Realtech Pvt Ltd
Respondent
Bijay Kumar Singh, Leena Singh
gaursons realtech pvt. ltd.
₹34,32,930
Respondent
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 0901126002082020 by Gaursons Realtech Pvt Ltd against Bijay Kumar Singh, Leena Singh before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Final Hearing
The Tribunal heard arguments from the counsel for both parties, after which the judgment was reserved.
Final Hearing
The Tribunal adjourned the matter to 07.12.2021 to allow both parties to submit arguments regarding whether delays caused by NGT construction bans and COVID-19 should reduce the promised period in the BBA.
Hearing
The Tribunal granted an adjournment to the appellant's counsel due to lack of preparation and rescheduled the matter for hearing on 23.11.2021.
Hearing
The Tribunal noted the possibility of a settlement between the parties and directed the opposite party to appear in person at the next hearing on 22.11.2021.
For Order
The Tribunal directed the applicant to file a replication/rejoinder if desired and ordered both parties to upload their documents on the e-portal and file originals in the Registry before the next hearing on 29.04.2021.
Further Order
The Tribunal directed the Registry to verify a deposit of Rs. 31,836/- filed by the appellant and scheduled the defective appeal for hearing on 02.04.2021.
Hearing
The Tribunal directed the appellant to file an amendment application to modify the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
Tribunal Order #0901126002082020-10-02-2021
The Tribunal directed the appellant to file an amendment application to modify the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
Tribunal Order #0901126002082020-22-03-2022
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent. Awarded in favor of Respondent. Awarded interest rate: State Bank of India's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Ruling Awarded To
Respondent
Awarded Interest Rate
State Bank of India's MCLR+1% per annum
Interest Period
from 30.03.2018 till delivery of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- D N Verma
- Samrat Vaish
Respondent Advocate(s)
- Arvind Tilhari
Official RERA Tribunal Orders (2)
The Tribunal directed the appellant to file an amendment application to modify the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
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