Appellant / Complainant
Arun Kumar
Respondent
Aims Max Gardenia Developers Private Limited
aims max gardenia developers private limited
₹37,19,250
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 0901126045752021 by Arun Kumar against Aims Max Gardenia Developers Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partly allowed the appeal, directing the respondent to pay interest at the rate of MCLR+1% on the deposited amount from the proposed possession date (July 2013) until the date of fit-out possession (June 12, 2017).
Hearing
The Tribunal heard the arguments from both the appellant and respondent and reserved the judgment for further delivery.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
Hearing
The Tribunal noted the filing of the appellant's reply to objections and recorded that the respondent complied with a previous order by paying Rs. 5,000/- in cash to the appellant; the matter is scheduled for hearing on 26.07.2023.
Hearing
The Tribunal recalled the order dated 19.10.2022 closing the respondent's opportunity to file objections, subject to a cost of Rs. 5,000/- payable to the appellant, and directed the respondent to provide soft copies of the objections via email.
Hearing
The Tribunal allowed the appellant's counsel to withdraw his Vakalatnama as the appellant intends to argue the appeal in person, and scheduled the matter for hearing on 17.04.2023.
Hearing
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant.
Hearing
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to their failure to comply with previous orders and has scheduled the matter for hearing on 28.11.2022.
Hearing
The Tribunal granted the respondent a final 10-day extension to file objections to the grounds of appeal and scheduled the matter for hearing on 19.10.2022.
Hearing
The Tribunal directed that the orders passed in a related appeal (Appeal No. 964/2021) be referred to for this matter and scheduled the next hearing for September 20, 2022.
Hearing
The Tribunal refers to a previous order dated 02.08.2022 passed in a related appeal and schedules the current appeal for hearing on 23.08.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal, noting it was covered by Supreme Court orders regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the respondent a 10-day extension to file objections to the application for condonation of delay and grounds of appeal, setting subsequent timelines for replies.
Delay condonation
The Tribunal granted the respondent two weeks to file objections regarding the condonation of delay and grounds of appeal, with subsequent timelines set for the appellant's reply.
Delay condonation
The Tribunal noted service of notice upon the respondent and directed them to file objections to the limitation application within 10 days, scheduling the matter for April 25, 2022.
Defect Removal
The Tribunal granted the appellant permission to serve the respondent via dasti summons after postal notice was returned undelivered and directed parties to file objections and replies regarding the condonation of delay application.
Defect Removal
The Tribunal issued notice to the respondent via registered post and email and scheduled the matter for 21.01.2022 to address the limitation application.
Defect Removal
The Tribunal granted the appellant two days to remove procedural defects in the appeal and scheduled the matter for a subsequent hearing on 24.12.2021.
Tribunal Order #0901126045752021-09-05-2024
The Tribunal partly allowed the appeal, directing the respondent to pay interest at the rate of MCLR+1% on the deposited amount from the proposed possession date (July 2013) until the date of fit-out possession (June 12, 2017).
Tribunal Order #0901126045752021-15-05-2023
The Tribunal noted the filing of the appellant's reply to objections and recorded that the respondent complied with a previous order by paying Rs. 5,000/- in cash to the appellant; the matter is scheduled for hearing on 26.07.2023.
Tribunal Order #0901126045752021-17-04-2023
The Tribunal recalled the order dated 19.10.2022 closing the respondent's opportunity to file objections, subject to a cost of Rs. 5,000/- payable to the appellant, and directed the respondent to provide soft copies of the objections via email.
Tribunal Order #0901126045752021-19-10-2022
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to their failure to comply with previous orders and has scheduled the matter for hearing on 28.11.2022.
Tribunal Order #0901126045752021-08-07-2022
The Tribunal condoned the delay in filing the appeal, noting it was covered by Supreme Court orders regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal partly allowed the appeal, directing the respondent to pay interest at the rate of MCLR+1% on the deposited amount from the proposed possession date (July 2013) until the date of fit-out possession (June 12, 2017). 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, directing the respondent to pay interest at the rate of MCLR+1% on the deposited amount from the proposed possession date (July 2013) until the date of fit-out possession (June 12, 2017).
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
from the proposed date of possession i.e. July 2013 till the date of fit out possession i.e. 12.06.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (5)
The Tribunal partly allowed the appeal, directing the respondent to pay interest at the rate of MCLR+1% on the deposited amount from the proposed possession date (July 2013) until the date of fit-out possession (June 12, 2017).
The Tribunal noted the filing of the appellant's reply to objections and recorded that the respondent complied with a previous order by paying Rs. 5,000/- in cash to the appellant; the matter is scheduled for hearing on 26.07.2023.
The Tribunal recalled the order dated 19.10.2022 closing the respondent's opportunity to file objections, subject to a cost of Rs. 5,000/- payable to the appellant, and directed the respondent to provide soft copies of the objections via email.
The Tribunal closed the respondent's opportunity to file objections to the grounds of appeal due to their failure to comply with previous orders and has scheduled the matter for hearing on 28.11.2022.
The Tribunal condoned the delay in filing the appeal, noting it was covered by Supreme Court orders regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
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