Appellant / Complainant
Anshuman Mohala
Respondent
Cbs International Projects Private Limited
cbs international projects private limited
₹1,11,65,000
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 0901126012822023 by Anshuman Mohala against Cbs International Projects Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they were known at the time of booking, but granting a six-month exemption for the COVID-19 pandemic. The Consequently, the Respondent is directed to pay delay interest at MCLR+1% for the delayed possession period, adjusted against the allottee's final dues.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and its objections, subsequently reserving the judgment for a later date.
Hearing
The court granted a request for adjournment made by the respondent's counsel and scheduled the case for orders on July 3, 2025.
Hearing
The Tribunal granted the respondent 10 days to file a reply and scheduled the appeal for hearing on May 2, 2025.
Hearing
The Tribunal has adjourned the appeal to 10.04.2025 upon the joint request of both parties and directed that pleadings be completed in the interim.
Hearing
The Tribunal granted time to the appellant to rebut an affidavit and to the respondent to file a revised offer regarding alternative shop availability, adjourning the matter to 17.03.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the matter for hearing/orders on 19.02.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for orders on 29.01.2025.
For Order
The Tribunal recalled the order dated 18.04.2024 upon finding sufficient cause, subject to a cost of Rs. 100/- payable to the respondent, and scheduled the appeal for hearing on 06.01.2025.
For Order
At the request of the appellant's counsel, the matter is scheduled to be listed for orders on 18.11.2024.
Further Consideration
The Tribunal granted the appellant one week to file a rejoinder to the respondent's objections in RA No. 59/2024 and scheduled the next hearing for October 17, 2024.
Further Consideration
The Tribunal directed the respondent to file objections to the appellant's recall application (RA No. 59/2024) within 10 days and scheduled the matter for hearing on 24.09.2024.
For Order
Due to the absence of the appellant's counsel, the Tribunal has adjourned the matter and scheduled the appeal for orders on 22.08.2024.
For Order
The Tribunal refers the parties to the order passed in Appeal No. 213/2023 for the relevant directions.
For Order
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for April 18, 2024.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. 213/2023 for the directions regarding this matter.
For Order
The Tribunal granted the respondent 10 days to file objections against the grounds of appeal and directed the appellant to file a reply within one week after receiving said objections.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural requirements for service of notice and filing of objections/replies before the next hearing scheduled for 08.05.2023.
Tribunal Order #0901126012822023-18-11-2024
The Tribunal recalled the order dated 18.04.2024 upon finding sufficient cause, subject to a cost of Rs. 100/- payable to the respondent, and scheduled the appeal for hearing on 06.01.2025.
Tribunal Order #0901126012822023-26-09-2025
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they were known at the time of booking, but granting a six-month exemption for the COVID-19 pandemic. The Consequently, the Respondent is directed to pay delay interest at MCLR+1% for the delayed possession period, adjusted against the allottee's final dues.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they were known at the time of booking, but granting a six-month exemption for the COVID-19 pandemic. The Consequently, the Respondent is directed to pay delay interest at MCLR+1% for the delayed possession period, adjusted against the allottee's final dues. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they were known at the time of booking, but granting a six-month exemption for the COVID-19 pandemic. The Consequently, the Respondent is directed to pay delay interest at MCLR+1% for the delayed possession period, adjusted against the allottee's final dues.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the assured date of possession till the date of offer of possession excluding six months Covid-19 pandemic period
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vikas Kumar Agrawal
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The Tribunal recalled the order dated 18.04.2024 upon finding sufficient cause, subject to a cost of Rs. 100/- payable to the respondent, and scheduled the appeal for hearing on 06.01.2025.
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they were known at the time of booking, but granting a six-month exemption for the COVID-19 pandemic. The Consequently, the Respondent is directed to pay delay interest at MCLR+1% for the delayed possession period, adjusted against the allottee's final dues.
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