Appellant / Complainant
Natwar Agrawal
Respondent
Golfgreen Infra Pvt. Ltd. (Mahagun Group)
golfgreen infra pvt. ltd. (mahagun group)
₹69,34,928
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 0901126043582021 by Natwar Agrawal against Golfgreen Infra Pvt. Ltd. (Mahagun Group) before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order directing possession instead of a refund, ruling that an executing authority cannot grant relief not prayed for and that 'deemed' OC/CC obtained without mandatory NOCs is legally invalid.
Further Hearing
The Tribunal noted the non-appearance of the respondents and directed them to appear at the next hearing, while scheduling the final hearing for October 25, 2024.
Further Hearing
The Tribunal scheduled the case for hearing/orders on 30.09.2024, noting that no one appeared for the respondent and providing a final opportunity for arguments.
Further Hearing
The Tribunal granted a last opportunity to the respondent to argue the matter and scheduled the appeal for a final hearing on 29.08.2024.
Further Hearing
The Tribunal has adjourned the matter and scheduled the appeal for orders/hearing on 08.08.2024.
Further Hearing
The Tribunal noted the absence of both parties and ordered the appeal to be listed for hearing on 10.07.2024.
Further Hearing
The Tribunal has scheduled the appeal for a hearing or orders on 09.05.2024 due to the appellant's counsel being out of station.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the appeal for hearing on 16.04.2024.
Hearing
The Tribunal proceeded with the hearing in the absence of the respondent and adjourned the matter to 19.03.2024 for further hearing.
Hearing
The Tribunal noted that the appeal is ready for hearing and scheduled it for a subsequent hearing on 26.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and unavailability, rescheduling the matter for hearing on 06.09.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for orders/hearing on 10.05.2023.
Exchange of pleadings
The Tribunal has scheduled the appeal for orders or hearing on March 29, 2023.
Exchange of pleadings
The Tribunal directed the parties to exchange a list of dates and events along with relied-upon judgments and scheduled the appeal for hearing on 13.12.2022.
Exchange of pleadings
The Tribunal granted adjournment applications filed by the appellant's counsel and rescheduled the appeal for hearing on 17.11.2022.
Exchange of pleadings
The Tribunal directed the parties to exchange a list of dates, events, and relied-upon judgments before the next hearing, which is scheduled for 20.10.2022.
Exchange of pleadings
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder to the respondent's reply and directed that a copy be emailed to the respondent's counsel. The case is scheduled for hearing on 19.09.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed the appellant to file a replication/rejoinder before the next hearing date on 22.08.2022.
Further Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal and scheduled the matter for further orders on 12.07.2022.
Further Order
The Tribunal directed the respondent to file a reply against the grounds of appeal and scheduled the matter for further orders on 02.05.2022.
Exchange of pleadings
The Tribunal condoned a 130-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply to the grounds of appeal.
Notice
The Tribunal directed the respondent's counsel to file a Vakalatnama and an objection against the limitation application within one week, scheduling the matter for January 5, 2022.
Delay condonation
The Tribunal adjourned the matter to 02.12.2021 for the disposal of a limitation application and any objections, noting that the respondent's counsel will file their Vakalatnama within a week.
Tribunal Order #0901126043582021-25-10-2024
The Tribunal set aside the Regulatory Authority's order directing possession instead of a refund, ruling that an executing authority cannot grant relief not prayed for and that 'deemed' OC/CC obtained without mandatory NOCs is legally invalid.
Tribunal Order #0901126043582021-05-01-2022
The Tribunal condoned a 130-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply to the grounds of appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order directing possession instead of a refund, ruling that an executing authority cannot grant relief not prayed for and that 'deemed' OC/CC obtained without mandatory NOCs is legally invalid. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order directing possession instead of a refund, ruling that an executing authority cannot grant relief not prayed for and that 'deemed' OC/CC obtained without mandatory NOCs is legally invalid.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 01-04-2018 till the date of receipt of OC/CC or the date of offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Respondent Advocate(s)
- Anurag Srivastava
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order directing possession instead of a refund, ruling that an executing authority cannot grant relief not prayed for and that 'deemed' OC/CC obtained without mandatory NOCs is legally invalid.
The Tribunal condoned a 130-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply to the grounds of appeal.
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