Appellant / Complainant
Khaver Ali Khan
Respondent
Gaursons Promoters Private Limited
gaursons promoters private limited
₹1,13,076
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 0901126005102022 by Khaver Ali Khan against Gaursons Promoters Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order, directing the respondent to provide possession with a valid OC/CC and ruling that both parties shall be subject to an interest rate of MCLR+1% per annum for defaults, rather than the contractually stipulated 9.5%.
Hearing
The Tribunal heard arguments regarding an appeal against a Regulatory Authority's decision to dismiss a complaint as premature; however, the judgment has been reserved.
Hearing
The Tribunal granted the applicant's counsel one week to prepare his brief and directed him to resolve a technical defect regarding the uploading of his Vakalatnama on the e-portal.
Hearing
The order indicates a revision of the list and notes that no time was left for hearing, resulting in a procedural adjournment.
For Order
The court granted a joint request from the counsels of both parties to adjourn the matter and rescheduled the hearing for 24.11.2022.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the case for hearing on the application for condonation of delay and the main matter on 23.11.2022.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and rescheduled the hearing for 18.10.2022.
Delay condonation
The Tribunal granted the appellant additional time to file a reply to the respondent's objections and scheduled the case for orders on 20.09.2022.
Delay condonation
The Tribunal granted the appellant's counsel one week to prepare a brief addressing specific queries regarding an agent's offer of a gold coin and its implications under the Act of 2016.
Delay condonation
The Tribunal directed the appellant's counsel to upload a rejoinder and granted the respondent one week to prepare submissions, subsequently adjourning the defective appeal to 04.08.2022.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on July 22, 2022, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the parties to upload their respective filings on the e-portal before the next hearing scheduled for May 26, 2022.
Defect Removal
The Tribunal directed the appellant to provide readable copies of certain annexures and granted the respondent 10 days to file objections regarding the condonation of delay and grounds of appeal.
Defect Removal
The Tribunal directed the appellant to submit readable copies of certain documents and ordered the issuance of notice to the respondent with specific instructions for service via speed post.
Tribunal Order #0901126005102022-29-05-2023
The Tribunal set aside the Regulatory Authority's order, directing the respondent to provide possession with a valid OC/CC and ruling that both parties shall be subject to an interest rate of MCLR+1% per annum for defaults, rather than the contractually stipulated 9.5%.
Tribunal Order #0901126005102022-09-01-2023
The Tribunal heard arguments regarding an appeal against a Regulatory Authority's decision to dismiss a complaint as premature; however, the judgment has been reserved.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, directing the respondent to provide possession with a valid OC/CC and ruling that both parties shall be subject to an interest rate of MCLR+1% per annum for defaults, rather than the contractually stipulated 9.5%. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order, directing the respondent to provide possession with a valid OC/CC and ruling that both parties shall be subject to an interest rate of MCLR+1% per annum for defaults, rather than the contractually stipulated 9.5%.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the proposed date of possession in the agreement dated 15.09.2018 till the date of legal offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Samrat Vaish
- Mohit Yadav
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order, directing the respondent to provide possession with a valid OC/CC and ruling that both parties shall be subject to an interest rate of MCLR+1% per annum for defaults, rather than the contractually stipulated 9.5%.
The Tribunal heard arguments regarding an appeal against a Regulatory Authority's decision to dismiss a complaint as premature; however, the judgment has been reserved.
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