Appellant / Complainant
Shalimar Corp Ltd.
Respondent
Rizwan Ahmad, Khusboo Begum Ahmad, UP RERA
shalimar corp ltd.
₹8,36,300
Partial
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 0901126004352023 by Shalimar Corp Ltd. against Rizwan Ahmad, Khusboo Begum Ahmad, UP RERA before up_rera.
Further Hearing
The Tribunal ruled that the allottee is entitled to delay interest under Section 18(1) of the RERA Act until physical possession is handed over, ordered the refund of car parking charges, and directed the promoter to execute the conveyance deed and provide stilt parking.
Further Hearing
The Tribunal granted a request from the respondent's counsel to adjourn the matter, rescheduling the appeal for orders/hearing on 03.02.2026.
Further Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and rescheduled the case for orders on 07.01.2026.
Further Hearing
The Tribunal has granted a request by the learned counsel for the parties to list the appeal on 05.12.2025.
Hearing
The Tribunal discussed the appellant's claim for delay interest and challenged the promoter's right to charge for stilt parking, noting that stilt parking may constitute a 'common area' rather than a 'garage' under the RERA Act. The court permitted the appellant to take possession of the unit subject to the outcome of the appeal and scheduled the matter for further hearing.
Hearing
The Tribunal has granted a request to list the appeal for orders or hearing on November 3, 2025.
Hearing
Upon the joint request of the counsel for both parties, the Tribunal has adjourned the appeal and scheduled it for a new hearing date on 10.10.2025.
Hearing
Upon the joint request of the counsels for both parties, the Tribunal has adjourned the appeal and scheduled it for a hearing on 12.09.2025.
Hearing
At the request of the appellant's counsel, the matter has been adjourned and scheduled for orders on September 2, 2025.
Delay condonation
Upon the joint request of the counsel for both parties, the Tribunal has adjourned the appeal for orders/hearing to 18.08.2025.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 30.07.2025.
Delay condonation
The Tribunal has adjourned the appeal to 11.07.2025 following a joint request from both parties.
Delay condonation
The Tribunal granted the appellant a ten-day extension to file/upload the computation and details of the settlement account regarding the possession of the unit, and scheduled the matter for orders on 19.05.2025.
Delay condonation
The Tribunal granted the respondent's counsel 10 days to file objections regarding a demand raised through an offer of possession and scheduled the next hearing for 29.04.2025.
Delay condonation
The Tribunal directed the respondent to file objections regarding the appellant's offer of possession and computation of delay interest by the next hearing date, which is scheduled for April 2, 2025.
Delay condonation
The Tribunal directed the appellant promoter to provide the respondent with the offer of possession and a computation of admissible interest, and further ordered the physical handover of the unit within 90 days of that meeting.
Delay condonation
The Tribunal has adjourned the appeal to 05.02.2025 following a joint request from both parties.
Hearing
Upon the joint request of the counsel for both parties, the appeal has been adjourned and listed for orders on 08.01.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 25.11.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and scheduled the matter for hearing on 16.10.2024.
Hearing
The Tribunal has adjourned the appeal to 06.09.2024 for orders/hearing following a joint request from the counsels of both parties.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for July 5, 2024.
Hearing
The Tribunal listed the defective appeal for a subsequent hearing on 08.05.2024 and directed the parties to exchange pleadings in the interim.
Hearing
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondent's objections regarding the application for condonation of delay and scheduled the matter for hearing on 05.04.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on March 1, 2024, to be heard alongside Cross Appeal No. 468/2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 12.09.2023, to be heard alongside Cross Appeal No. D 468/2023.
For Order
The Tribunal granted the respondent 10 days to file objections and a Vakalatnama, scheduling the next hearing for May 9, 2023, to consider the application for condonation of delay.
Defect Removal
The Tribunal has accepted the appellant's compliance with Section 43(5) of the Act and directed that notice be issued to the respondent for the hearing scheduled on 28.03.2023.
Tribunal Order #0901126004352023-03-02-2026
The Tribunal ruled that the allottee is entitled to delay interest under Section 18(1) of the RERA Act until physical possession is handed over, ordered the refund of car parking charges, and directed the promoter to execute the conveyance deed and provide stilt parking.
Tribunal Order #0901126004352023-03-11-2025
The Tribunal discussed the appellant's claim for delay interest and challenged the promoter's right to charge for stilt parking, noting that stilt parking may constitute a 'common area' rather than a 'garage' under the RERA Act. The court permitted the appellant to take possession of the unit subject to the outcome of the appeal and scheduled the matter for further hearing.
Tribunal Order #0901126004352023-05-02-2025
The Tribunal directed the appellant promoter to provide the respondent with the offer of possession and a computation of admissible interest, and further ordered the physical handover of the unit within 90 days of that meeting.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the allottee is entitled to delay interest under Section 18(1) of the RERA Act until physical possession is handed over, ordered the refund of car parking charges, and directed the promoter to execute the conveyance deed and provide stilt parking. Awarded in favor of Partial. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that the allottee is entitled to delay interest under Section 18(1) of the RERA Act until physical possession is handed over, ordered the refund of car parking charges, and directed the promoter to execute the conveyance deed and provide stilt parking.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1 percent
Interest Period
w.e.f. 15.08.2020 till the date of handing over physical possession of the unit in habitable condition
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Saurabh Misra
- Gautam Johri
Official RERA Tribunal Orders (3)
The Tribunal ruled that the allottee is entitled to delay interest under Section 18(1) of the RERA Act until physical possession is handed over, ordered the refund of car parking charges, and directed the promoter to execute the conveyance deed and provide stilt parking.
The Tribunal discussed the appellant's claim for delay interest and challenged the promoter's right to charge for stilt parking, noting that stilt parking may constitute a 'common area' rather than a 'garage' under the RERA Act. The court permitted the appellant to take possession of the unit subject to the outcome of the appeal and scheduled the matter for further hearing.
The Tribunal directed the appellant promoter to provide the respondent with the offer of possession and a computation of admissible interest, and further ordered the physical handover of the unit within 90 days of that meeting.
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