Appellant / Complainant
Vikas Jain
Respondent
Aims Max Gardenia Developers Private Limited
aims max gardenia developers private limited
₹40,12,462
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 0901126025022024 by Vikas Jain against Aims Max Gardenia Developers Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal modified the impugned order to grant the appellant delay interest at the prescribed rate of MCLR+1% from the promised possession date (01.03.2013) until actual possession (01.11.2018), ruling that statutory obligations under the RERA Act 2016 supersede conflicting Builder-Buyer Agreement terms.
Further Hearing
The Tribunal ruled that the delay compensation already paid to the appellant must be deducted from the total interest component due under Section 18 of the Act, rather than being treated as a separate contractual payment.
Hearing
The Tribunal heard arguments from both parties and adjourned the matter for further hearing on 14.05.2025.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-189/2024 to 29.04.2025.
Hearing
The Tribunal has adjourned the appeal to 10.04.2025 upon the joint request of the parties and directed that pleadings be completed in the interim.
Admission
The Tribunal noted that the pendency of the appeal will not affect ongoing execution proceedings and, upon the joint request of the parties, adjourned the matter to 17.03.2025.
Admission
The Tribunal noted the filing of a Rejoinder Affidavit by the appellant and scheduled the appeal for a final hearing on 17.02.2025.
Admission
The Tribunal noted that the respondent has paid the previously imposed cost of Rs 10,000 to the appellant and granted the appellant 10 days to file a rejoinder to the respondent's objections.
Admission
The Tribunal granted an adjournment to the respondent but imposed a cost of Rs. 10,000/- to be paid to the appellant due to the failure to file objections despite a previous stop order.
Admission
The Tribunal granted the respondent a final 10-day opportunity to file their Vakalatnama and objections, directing the exchange of soft copies and scheduling the next hearing for November 6, 2024.
Admission
The Tribunal confirmed sufficient service of notice on the respondent via post and granted the respondent 10 days to file objections, with a subsequent timeline for the appellant to file a rejoinder.
Admission
The Tribunal directed the appellant's counsel to upload the postal department's track record regarding the service of notice on the respondent's third address and scheduled the matter for hearing on 28.08.2024.
Admission
The Tribunal issued notice to the respondent and outlined the procedural timeline for service of appeal documents and the filing of objections and replies.
Tribunal Order #0901126025022024-05-12-2024
The Tribunal noted that the respondent has paid the previously imposed cost of Rs 10,000 to the appellant and granted the appellant 10 days to file a rejoinder to the respondent's objections.
Tribunal Order #0901126025022024-21-05-2025
The Tribunal modified the impugned order to grant the appellant delay interest at the prescribed rate of MCLR+1% from the promised possession date (01.03.2013) until actual possession (01.11.2018), ruling that statutory obligations under the RERA Act 2016 supersede conflicting Builder-Buyer Agreement terms.
Tribunal Order #0901126025022024-14-05-2025
The Tribunal ruled that the delay compensation already paid to the appellant must be deducted from the total interest component due under Section 18 of the Act, rather than being treated as a separate contractual payment.
Tribunal Order #0901126025022024-06-11-2024
The Tribunal granted an adjournment to the respondent but imposed a cost of Rs. 10,000/- to be paid to the appellant due to the failure to file objections despite a previous stop order.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the impugned order to grant the appellant delay interest at the prescribed rate of MCLR+1% from the promised possession date (01.03.2013) until actual possession (01.11.2018), ruling that statutory obligations under the RERA Act 2016 supersede conflicting Builder-Buyer Agreement terms. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the impugned order to grant the appellant delay interest at the prescribed rate of MCLR+1% from the promised possession date (01.03.2013) until actual possession (01.11.2018), ruling that statutory obligations under the RERA Act 2016 supersede conflicting Builder-Buyer Agreement terms.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.03.2013 to 01.11.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (4)
The Tribunal noted that the respondent has paid the previously imposed cost of Rs 10,000 to the appellant and granted the appellant 10 days to file a rejoinder to the respondent's objections.
The Tribunal modified the impugned order to grant the appellant delay interest at the prescribed rate of MCLR+1% from the promised possession date (01.03.2013) until actual possession (01.11.2018), ruling that statutory obligations under the RERA Act 2016 supersede conflicting Builder-Buyer Agreement terms.
The Tribunal ruled that the delay compensation already paid to the appellant must be deducted from the total interest component due under Section 18 of the Act, rather than being treated as a separate contractual payment.
The Tribunal granted an adjournment to the respondent but imposed a cost of Rs. 10,000/- to be paid to the appellant due to the failure to file objections despite a previous stop order.
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