Appellant / Complainant
Aditya 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 0901126012852023 by Aditya 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 booked units despite knowing of the restrictions; consequently, the promoter must pay delay interest at MCLR+1% from the assured possession date until the offer of possession, excluding only a six-month COVID-19 exemption period.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and its objections, subsequently reserving the judgment for future pronouncement.
Hearing
The Tribunal granted a request for adjournment on behalf of 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 a joint request from both parties and directed that pleadings be completed in the interim.
Hearing
The Tribunal granted time to the appellant to rebut an affidavit and allowed 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 and scheduled the case for orders/hearing on 19.02.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the matter for orders on 29.01.2025.
For Order
The Tribunal recalled the order dated 18.04.2024 and imposed a cost of Rs. 100/- payable to the respondent, subsequently scheduling the appeal for hearing on 06.01.2025.
For Order
At the request of the appellant's counsel, the matter is adjourned and listed for orders on 18.11.2024.
For Order
The Tribunal granted the appellant one week to file a rejoinder to the respondent's objections in RA No. 58/2024 and scheduled the next hearing for 17.10.2024.
For Order
The Tribunal directed the respondent to file objections to the appellant's recall application within 10 days and scheduled the hearing for September 24, 2024.
For Order
The Tribunal noted the absence of the appellant's counsel and adjourned the appeal for orders to 22.08.2024.
For Order
The Tribunal issued a procedural order referring the matter to the orders passed in Appeal No. 213/2023.
For Order
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the matter for hearing on 18.04.2024.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. 213/2023 regarding the current 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 established a procedural timeline for the service of appeal documents and the filing of objections and replies via email and e-portal.
Tribunal Order #0901126012852023-26-09-2025
The Tribunal partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they booked units despite knowing of the restrictions; consequently, the promoter must pay delay interest at MCLR+1% from the assured possession date until the offer of possession, excluding only a six-month COVID-19 exemption period.
Tribunal Order #0901126012852023-18-11-2024
The Tribunal recalled the order dated 18.04.2024 and imposed a cost of Rs. 100/- payable to the respondent, subsequently scheduling the appeal for hearing on 06.01.2025.
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 booked units despite knowing of the restrictions; consequently, the promoter must pay delay interest at MCLR+1% from the assured possession date until the offer of possession, excluding only a six-month COVID-19 exemption period. 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 booked units despite knowing of the restrictions; consequently, the promoter must pay delay interest at MCLR+1% from the assured possession date until the offer of possession, excluding only a six-month COVID-19 exemption period.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the assured date of possession till the date of offer of possession along with OC/CC 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 partially allowed the appeals, ruling that the promoter is not entitled to force majeure exemptions for NGT stay orders because they booked units despite knowing of the restrictions; consequently, the promoter must pay delay interest at MCLR+1% from the assured possession date until the offer of possession, excluding only a six-month COVID-19 exemption period.
The Tribunal recalled the order dated 18.04.2024 and imposed a cost of Rs. 100/- payable to the respondent, subsequently scheduling the appeal for hearing on 06.01.2025.
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