Appellant / Complainant
Gaurav Garg, Sunil Kumar Garg
Respondent
M.K.S. Infratech Private Limited
m.k.s. infratech private limited
₹1,20,50,000
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 0901126065312022 by Gaurav Garg, Sunil Kumar Garg against M.K.S. Infratech Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, ruling that the developer must issue a valid offer of possession with a final demand notice (adjusting for delay interest) within 45 days and subsequently execute the sale deed.
Hearing
The Tribunal heard arguments from the appellant's counsel regarding the appeal and reserved the judgment for a later date.
Hearing
The Tribunal has scheduled the appeal for a hearing on February 24, 2025.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-783/2022 to 11.02.2025.
Hearing
Due to the respondent's repeated failure to appear, the Tribunal has decided to proceed ex-parte against them and scheduled an ex-parte hearing for February 7, 2025.
Hearing
The Tribunal granted a request for adjournment submitted by the appellant's counsel and rescheduled the hearing for January 23, 2025.
Hearing
The Tribunal has scheduled the appeal for a hearing on January 3, 2025, noting that the matter will proceed ex parte if the respondent fails to appear.
Delay condonation
The Tribunal condoned a one-day delay in filing the appeal due to technical glitches on the court portal and directed the registry to convert the defective appeal into a regular appeal.
Further Hearing
The Tribunal has scheduled the appeal for orders or hearing on November 7, 2024.
Further Hearing
The Tribunal adjourned the proceedings due to the absence of the respondent and scheduled the defective appeal for a final hearing on 27.09.2024.
Further Hearing
The Tribunal granted a final opportunity to the respondent to argue the delay application and memo of appeal, scheduling the matter for orders on 02.08.2024.
Further Hearing
The Tribunal adjourned the proceedings to 18.07.2024 for consideration of a condonation of delay application and warned that if the respondent fails to appear, the matter will be decided based on existing records.
Further Hearing
The Tribunal listed the defective appeal for consideration of the application for condonation of delay on 21.05.2024.
Further Hearing
The Tribunal has scheduled the defective appeal for consideration of the application for condonation of delay and a subsequent hearing on 19.04.2024, following a joint request from both parties.
Hearing
The Tribunal proceeded to hear the appellant in the absence of the respondent and scheduled the matter for further hearing on 13.03.2024.
Hearing
The Tribunal noted the absence of counsel for both parties and ordered the defective appeal to be listed on 26.02.2024 for consideration of the application for condonation of delay.
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 13.10.2023.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the hearing for September 5, 2023.
Delay condonation
Upon the joint request of the counsels for both parties, the tribunal has adjourned the matter to 18.08.2023 for consideration of the application for condonation of delay and hearing.
Delay condonation
The Tribunal granted the respondent a final week to file objections regarding the condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for the legal library.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent hearing scheduled for July 14, 2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and the grounds of appeal, with a subsequent deadline for the applicant's reply.
Delay condonation
The Tribunal directed the appellant's counsel to file an affidavit of service regarding a previous order and scheduled the case for orders on 11.01.2023.
Delay condonation
The Tribunal issued a notice to the respondent regarding an application for condonation of delay and directed the applicants to serve the appeal documents via speed-post and email.
Tribunal Order #0901126065312022-07-11-2024
The Tribunal condoned a one-day delay in filing the appeal due to technical glitches on the court portal and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126065312022-29-07-2025
The Tribunal partially allowed the appeal, ruling that the developer must issue a valid offer of possession with a final demand notice (adjusting for delay interest) within 45 days and subsequently execute the sale deed.
Tribunal Order #0901126065312022-14-07-2023
The Tribunal granted the respondent a final week to file objections regarding the condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for the legal library.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, ruling that the developer must issue a valid offer of possession with a final demand notice (adjusting for delay interest) within 45 days and subsequently execute the sale deed. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, ruling that the developer must issue a valid offer of possession with a final demand notice (adjusting for delay interest) within 45 days and subsequently execute the sale deed.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
from the promised date of possession of the unit till valid offer of possession excluding the period from 25.03.2020 to 25.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Rajeev Yadav
Respondent Advocate(s)
- Lakshmi Kant Tripathi
- Shreya Chaudhary
Official RERA Tribunal Orders (3)
The Tribunal condoned a one-day delay in filing the appeal due to technical glitches on the court portal and directed the registry to convert the defective appeal into a regular appeal.
The Tribunal partially allowed the appeal, ruling that the developer must issue a valid offer of possession with a final demand notice (adjusting for delay interest) within 45 days and subsequently execute the sale deed.
The Tribunal granted the respondent a final week to file objections regarding the condonation of delay and grounds of appeal, subject to a cost of Rs. 5,000/- to be used for the legal library.
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