Appellant / Complainant
Alka Dhingra, Toshan Dhingra
Respondent
Gaursons Realtech Private Limited
gaursons realtech private limited
₹36,50,000
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 0901126019982023 by Alka Dhingra, Toshan Dhingra against Gaursons Realtech Private Limited before up_rera.
Hearing
The Tribunal set aside the previous order, ruled that the cancellation of the unit was invalid, ordered the restoration of Plot No. 28 to the appellants, and directed the Regulatory Authority to initiate penal proceedings against the promoter for violating RERA provisions.
Hearing
Upon the request of the learned counsel for both parties, the Tribunal has scheduled the appeal for a hearing on 18.02.2025.
Delay condonation
The Tribunal condoned a two-day delay in filing the appeal due to a medical emergency and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on December 3, 2024.
Delay condonation
The Tribunal noted the filing of a rejoinder affidavit by the appellant and adjourned the matter to 23.10.2024 for orders/hearing.
Delay condonation
The Tribunal granted a final one-week extension to the appellant to file a rejoinder affidavit against the respondent's objections and scheduled the matter for hearing on 16.08.2024.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on May 17, 2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent hearing scheduled for April 18, 2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal, scheduling the next hearing for March 13, 2024.
Delay condonation
The Tribunal disposed of an application for urgent listing and granted the appellant one week to file an affidavit of service, scheduling the hearing for February 6, 2024.
Delay condonation
The Tribunal adjourned today's proceedings due to a Bar Council of Uttar Pradesh resolution calling for lawyers to abstain from judicial work, rescheduling the hearing for 16.10.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the appellant's application for condonation of delay and directed the parties to complete service and exchange objections before the next hearing on 06.09.2023.
Tribunal Order #0901126019982023-18-02-2025
The Tribunal set aside the previous order, ruled that the cancellation of the unit was invalid, ordered the restoration of Plot No. 28 to the appellants, and directed the Regulatory Authority to initiate penal proceedings against the promoter for violating RERA provisions.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the previous order, ruled that the cancellation of the unit was invalid, ordered the restoration of Plot No. 28 to the appellants, and directed the Regulatory Authority to initiate penal proceedings against the promoter for violating RERA provisions. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the previous order, ruled that the cancellation of the unit was invalid, ordered the restoration of Plot No. 28 to the appellants, and directed the Regulatory Authority to initiate penal proceedings against the promoter for violating RERA provisions.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
till physical handing over possession of the unit
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harprit Singh Arora
- Abhishek Shukla
Respondent Advocate(s)
- Samrat Vaish
- Mohit Yadav
Official RERA Tribunal Orders (1)
The Tribunal set aside the previous order, ruled that the cancellation of the unit was invalid, ordered the restoration of Plot No. 28 to the appellants, and directed the Regulatory Authority to initiate penal proceedings against the promoter for violating RERA provisions.
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