Appellant / Complainant
Arun Chauhan
Respondent
Gaursons Hi-Tech Infrastructure Private Limited
gaursons hi-tech infrastructure private limited
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 0901126030162021 by Arun Chauhan against Gaursons Hi-Tech Infrastructure Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partly allowed the appeal, modifying the interest calculation for delayed possession by granting the allottee interest from 01.07.2019 until the date of offer of possession, while still exempting periods related to COVID-19 and environmental construction bans.
Hearing
The Tribunal condoned a one-day delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
Delay condonation
The hearing could not commence due to poor audio during video conferencing; the matter is rescheduled for 26.10.2021 to consider the application for condonation of delay.
Delay condonation
The Tribunal issued a notice on the application for condonation of delay and directed the appellant to serve the respondent via speed post and email, with instructions for filing objections and replies.
Tribunal Order #0901126030162021-02-11-2021
The Tribunal partly allowed the appeal, modifying the interest calculation for delayed possession by granting the allottee interest from 01.07.2019 until the date of offer of possession, while still exempting periods related to COVID-19 and environmental construction bans.
Tribunal Order #0901126030162021-26-10-2021
The Tribunal condoned a one-day delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal partly allowed the appeal, modifying the interest calculation for delayed possession by granting the allottee interest from 01.07.2019 until the date of offer of possession, while still exempting periods related to COVID-19 and environmental construction bans. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partly allowed the appeal, modifying the interest calculation for delayed possession by granting the allottee interest from 01.07.2019 until the date of offer of possession, while still exempting periods related to COVID-19 and environmental construction bans.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.07.2019 till the date of offer of possession given in pursuance to Regulatory Authority's order dated 25.05.2021, excluding the period from 25.03.2020 to 25.09.2020 and 116 days on account of restriction/ban imposed by the Environment Pollution (Prevention & Control) Authority, as well as vide order of Hon'ble Supreme Court dated 14.11.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Respondent Advocate(s)
- D N Verma
- Samrat Vaish
Official RERA Tribunal Orders (2)
The Tribunal partly allowed the appeal, modifying the interest calculation for delayed possession by granting the allottee interest from 01.07.2019 until the date of offer of possession, while still exempting periods related to COVID-19 and environmental construction bans.
The Tribunal condoned a one-day delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a Regular Appeal.
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