Appellant / Complainant
Anuradha Dalmia
Respondent
SJP Infracon Limited
sjp infracon limited
₹36,18,296
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 0901126035822023 by Anuradha Dalmia against SJP Infracon Limited before up_rera.
for delivery of Judgment/Order
The Tribunal modified the impugned order to direct the promoter to pay delay interest at MCLR+1% on the entire deposited amount from 01.01.2016 until the actual delivery of possession on 16.05.2025, ruling that previous settlements and temporary occupancy certificates did not constitute valid offers of possession.
Further Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and has reserved its judgment for a later date.
Further Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 12.08.2025.
Further Hearing
The Tribunal noted that while possession has been delivered per previous orders, the sale deed remains outstanding; the respondent assured delivery within 2-3 days, and the matter is listed for final hearing on 16.07.2025.
Further Hearing
The Tribunal directed the respondent promoter to execute the conveyance deed for the appellant's unit on or before the next listing date and ordered the filing of an affidavit of compliance.
Hearing
The Tribunal directed the respondent-promoter to execute the sale deed and hand over physical possession of the unit following the appellant's submission that stamp papers have been purchased/deposited.
Hearing
The Tribunal directed the appellant to inspect the unit for habitability; if found satisfactory, the respondent is instructed to endeavor to execute the sale/lease deed upon payment of necessary fees.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 10.03.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 14.02.2025.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing the appeal, finding that the appellant's pursuit of a rectification application under Section 39 constituted sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and its objections, subsequently reserving the order.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 09.12.2024, noting that no further adjournments will be permitted.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 12.11.2024.
Delay condonation
The Tribunal recorded that pleadings have been exchanged and, upon joint request of the counsels, scheduled the appeal for consideration of the delay condonation application and final hearing on 15.10.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal to be listed on 31.07.2024 along with connected matters.
Delay condonation
The Tribunal has scheduled the defective appeal for hearing on 11.07.2024 to consider an application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to a bereavement and scheduled the matter for hearing on the application for condonation of delay on 14.05.2024.
Delay condonation
The Tribunal noted the timeline for filing objections to the grounds of appeal and scheduled the hearing for the application for condonation of delay on 12.04.2024.
Delay condonation
The Tribunal directed the appellant to file replies to the respondent's objections regarding the condonation of delay and grounds of appeal within one week, scheduling the next hearing for March 6, 2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and Vakalatnama, with subsequent timelines set for replies and e-portal uploads, before listing the matter on 30.10.2023.
Delay condonation
The Tribunal adjourned the proceedings and rescheduled the defective appeal for hearing on 18.09.2023 due to a Bar Council of Uttar Pradesh call for lawyers to abstain from judicial work.
Tribunal Order #0901126035822023-27-05-2025
The Tribunal noted that while possession has been delivered per previous orders, the sale deed remains outstanding; the respondent assured delivery within 2-3 days, and the matter is listed for final hearing on 16.07.2025.
Tribunal Order #0901126035822023-10-03-2025
The Tribunal directed the appellant to inspect the unit for habitability; if found satisfactory, the respondent is instructed to endeavor to execute the sale/lease deed upon payment of necessary fees.
Tribunal Order #0901126035822023-10-04-2025
The Tribunal directed the respondent-promoter to execute the sale deed and hand over physical possession of the unit following the appellant's submission that stamp papers have been purchased/deposited.
Tribunal Order #0901126035822023-12-11-2025
The Tribunal modified the impugned order to direct the promoter to pay delay interest at MCLR+1% on the entire deposited amount from 01.01.2016 until the actual delivery of possession on 16.05.2025, ruling that previous settlements and temporary occupancy certificates did not constitute valid offers of possession.
Tribunal Order #0901126035822023-02-05-2025
The Tribunal directed the respondent promoter to execute the conveyance deed for the appellant's unit on or before the next listing date and ordered the filing of an affidavit of compliance.
Tribunal Order #0901126035822023-13-12-2024
The Tribunal condoned the delay in filing the appeal, finding that the appellant's pursuit of a rectification application under Section 39 constituted sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the impugned order to direct the promoter to pay delay interest at MCLR+1% on the entire deposited amount from 01.01.2016 until the actual delivery of possession on 16.05.2025, ruling that previous settlements and temporary occupancy certificates did not constitute valid offers of possession. 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 direct the promoter to pay delay interest at MCLR+1% on the entire deposited amount from 01.01.2016 until the actual delivery of possession on 16.05.2025, ruling that previous settlements and temporary occupancy certificates did not constitute valid offers of possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.01.2016 till the date of delivery of possession (16.05.2025)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
- Manish Singh
Respondent Advocate(s)
- Rishindra Vikram Singh
Official RERA Tribunal Orders (6)
The Tribunal noted that while possession has been delivered per previous orders, the sale deed remains outstanding; the respondent assured delivery within 2-3 days, and the matter is listed for final hearing on 16.07.2025.
The Tribunal directed the appellant to inspect the unit for habitability; if found satisfactory, the respondent is instructed to endeavor to execute the sale/lease deed upon payment of necessary fees.
The Tribunal directed the respondent-promoter to execute the sale deed and hand over physical possession of the unit following the appellant's submission that stamp papers have been purchased/deposited.
The Tribunal modified the impugned order to direct the promoter to pay delay interest at MCLR+1% on the entire deposited amount from 01.01.2016 until the actual delivery of possession on 16.05.2025, ruling that previous settlements and temporary occupancy certificates did not constitute valid offers of possession.
The Tribunal directed the respondent promoter to execute the conveyance deed for the appellant's unit on or before the next listing date and ordered the filing of an affidavit of compliance.
The Tribunal condoned the delay in filing the appeal, finding that the appellant's pursuit of a rectification application under Section 39 constituted sufficient cause, and directed the Registry to convert the defective appeal into a regular appeal.
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