Appellant / Complainant
Aims Promoters Private Limited
Respondent
Bankim Chandra Nigam
aims promoters private limited
₹80,00,000
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 0901126020422023 by Aims Promoters Private Limited against Bankim Chandra Nigam before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partly allowed the appeal, quashing the Adjudicating Officer's order to the extent it granted delay interest in the form of compensation, but upheld the compensation for deviations from the sanctioned plan and violations of agreement terms, while directing that the allottee be paid statutory delay interest at MCLR+1% per annum.
Delay condonation
The Tribunal heard arguments from both counsels regarding the appeal and its objections, subsequently reserving the judgment for a later date.
Delay condonation
The Tribunal has adjourned the appeal to 22.08.2025 following a joint request from the counsel for both parties.
Delay condonation
The Tribunal granted the respondent time to prepare their brief and scheduled the hearing for the application for condonation of delay on 12.08.2025, while maintaining any existing interim relief.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the hearing for July 28, 2025, to consider the application for condonation of delay.
Delay condonation
Upon the joint request of the counsel for both parties, the Tribunal has scheduled the appeal for a final hearing on July 7, 2025.
Delay condonation
The parties informed the Tribunal that they are attempting an amicable settlement; consequently, the matter is adjourned to 26.05.2025 with any existing interim orders continuing until then.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the hearing for May 5, 2025.
Delay condonation
The Tribunal has scheduled the matter for orders/hearing on 08.04.2025 and directed that any existing interim order shall continue until the next listing date.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing/orders on 06.03.2025.
Delay condonation
The Tribunal granted a request to list the appeal for hearing on 12.02.2025 and ordered that any existing interim orders shall continue until the next listing date.
Delay condonation
The Tribunal granted a request to adjourn the appeal and listed it for hearing alongside Appeal No. 350/2023 on 24.01.2025, while maintaining any existing interim orders.
Delay condonation
The Tribunal granted an interim stay on the operation and implementation of the impugned order dated 24.02.2023 (Complaint No. ADJ/NCR144/11/101594/2022) until the next hearing date.
Hearing
The Tribunal adjourned the matter to 13.12.2024 following a request from the respondent's counsel regarding an upcoming sale-deed execution.
Compliance of section 43(5)
The Tribunal noted the appellant's compliance regarding Section 43 (5) of the Act and adjourned the appeal for hearing to 10-12-2024 at the request of the respondent's counsel.
Compliance of section 43(5)
The appellant informed the Tribunal that a challan has been generated for the remaining outstanding amount required under Section 43(5) of the Act, 2016, and the matter is scheduled for orders on 07.11.2024.
Delay condonation
The Tribunal granted the appellant a final opportunity to comply with Section 43(5) of the Act, 2016, and adjourned the matter to 30.09.2024.
Delay condonation
The Tribunal granted the appellant's counsel seven days to comply with the previous order dated 25.07.2024 and scheduled the matter for orders on 25.09.2024.
Delay condonation
The Tribunal granted the appellant 10 days to deposit a deficiency of Rs 3,06,156/- required for compliance with Section 43(5) of the Act 2016, and scheduled the matter for hearing on 27.08.2024.
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 July 25, 2024, regarding the application for condonation of delay.
Delay condonation
The Tribunal noted that objections have been filed and directed the applicant to file a reply within one week. The defective appeal is scheduled for hearing on 27.05.2024 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant a one-week extension to ensure compliance with Section 43(5) of the Act and scheduled the matter for orders on April 25, 2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection and scheduled the matter for hearing on March 20, 2024, regarding the application for condonation of delay.
Admission
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the applicant to file a reply within two days of receiving the soft copy, scheduling the next hearing for February 15, 2024.
Notice
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the matter to be listed for hearing on 03.10.2023.
Defect Removal
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and issued notice to the respondent returnable on 21.08.2023.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with a previous order dated 07.06.2023 due to network issues preventing deposit, and scheduled the matter for 03.07.2023.
Defect Removal
The Tribunal granted an extension for the deposit of fees under Section 43(5) due to a technical glitch in the e-filing system and scheduled the matter for hearing on 21.06.2023.
Defect Removal
The Tribunal granted a brief extension for the appellant to resolve technical issues regarding the mandatory deposit under Section 43(5) of the Act and scheduled the matter for orders on 07.06.2023.
Defect Removal
The Tribunal granted the Appellant a one-week extension to comply with the provisions of Section 43(5) of the Act, 2016, and scheduled the matter for hearing on May 29, 2023.
Defect Removal
The Tribunal adjourned the matter due to lack of time and rescheduled the hearing for May 18, 2023.
Tribunal Order #0901126020422023-20-11-2025
The Appellate Tribunal partly allowed the appeal, quashing the Adjudicating Officer's order to the extent it granted delay interest in the form of compensation, but upheld the compensation for deviations from the sanctioned plan and violations of agreement terms, while directing that the allottee be paid statutory delay interest at MCLR+1% per annum.
Tribunal Order #0901126020422023-30-09-2024
The appellant informed the Tribunal that a challan has been generated for the remaining outstanding amount required under Section 43(5) of the Act, 2016, and the matter is scheduled for orders on 07.11.2024.
Tribunal Order #0901126020422023-25-07-2024
The Tribunal granted the appellant 10 days to deposit a deficiency of Rs 3,06,156/- required for compliance with Section 43(5) of the Act 2016, and scheduled the matter for hearing on 27.08.2024.
Tribunal Order #0901126020422023-13-12-2024
The Tribunal granted an interim stay on the operation and implementation of the impugned order dated 24.02.2023 (Complaint No. ADJ/NCR144/11/101594/2022) until the next hearing date.
Tribunal Order #0901126020422023-03-07-2023
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and issued notice to the respondent returnable on 21.08.2023.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partly allowed the appeal, quashing the Adjudicating Officer's order to the extent it granted delay interest in the form of compensation, but upheld the compensation for deviations from the sanctioned plan and violations of agreement terms, while directing that the allottee be paid statutory delay interest at MCLR+1% per annum. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partly allowed the appeal, quashing the Adjudicating Officer's order to the extent it granted delay interest in the form of compensation, but upheld the compensation for deviations from the sanctioned plan and violations of agreement terms, while directing that the allottee be paid statutory delay interest at MCLR+1% per annum.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
w.e.f. 01.07.2015 to 07.01.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
- Isha Asthana
Respondent Advocate(s)
- Abhishek Shukla
Official RERA Tribunal Orders (5)
The Appellate Tribunal partly allowed the appeal, quashing the Adjudicating Officer's order to the extent it granted delay interest in the form of compensation, but upheld the compensation for deviations from the sanctioned plan and violations of agreement terms, while directing that the allottee be paid statutory delay interest at MCLR+1% per annum.
The appellant informed the Tribunal that a challan has been generated for the remaining outstanding amount required under Section 43(5) of the Act, 2016, and the matter is scheduled for orders on 07.11.2024.
The Tribunal granted the appellant 10 days to deposit a deficiency of Rs 3,06,156/- required for compliance with Section 43(5) of the Act 2016, and scheduled the matter for hearing on 27.08.2024.
The Tribunal granted an interim stay on the operation and implementation of the impugned order dated 24.02.2023 (Complaint No. ADJ/NCR144/11/101594/2022) until the next hearing date.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and issued notice to the respondent returnable on 21.08.2023.
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