Appellant / Complainant
Gaursons Realtech Private Limited
Respondent
Mona Luthra, Mandeep Singh
gaursons realtech 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 0901126065612022 by Gaursons Realtech Private Limited against Mona Luthra, Mandeep Singh before up_rera.
Hearing
The Tribunal set aside the Adjudicating Officer's order regarding jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.11.2016 to 07.05.2019 due to the project's inordinate delay.
Hearing
Upon a joint request from both parties, the Tribunal has adjourned the appeal to be listed for orders or hearing on 20.03.2025.
Hearing
Upon the joint request of the counsel for both parties, the court has adjourned the appeal to be listed on 20.02.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 29.01.2025, noting that no further adjournments will be permitted.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing five defective appeals, ruling that since the impugned orders prima facie appear to have been passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional challenge.
Delay condonation
The Tribunal heard arguments regarding an application for condonation of delay and reserved its judgment on the matter.
Hearing
The Tribunal granted the applicant 7 days to file a better affidavit regarding their delay condonation application and directed the exchange of documents via email before listing the matter for orders on 25.09.2024.
Hearing
The Tribunal granted the appellant a final three-day extension to file an amendment application to incorporate grounds into the memo of appeal and scheduled the matter for hearing on 10.09.2024.
Hearing
The Tribunal granted a final seven-day extension to the appellant for filing an amendment application to include grounds of appeal and directed the exchange of documents via email.
Hearing
The Tribunal granted the appellant a one-week extension to file an amendment application to include grounds for challenging the impugned order and scheduled the matter for hearing on 05.07.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for hearing on the application for condonation of delay on 08.05.2024.
Hearing
The Tribunal granted a three-day extension for the appellant to file a reply to the respondent's objections, subject to a cost of Rs 1000/- to be utilized for the legal library.
Hearing
The Tribunal granted the respondent 10 days to file a reply and scheduled the defective appeal for consideration of condonation of delay on 01.03.2024.
Delay condonation
The Tribunal adjourned the proceedings due to a Bar Council of Uttar Pradesh call for lawyers to abstain from judicial work and rescheduled the hearing for 26.10.2023.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the defective appeal for hearing on 14.09.2023.
Delay condonation
The Tribunal noted the appellant's submission regarding the deposit of TDS amounts to comply with Section 43(5) and directed that a reply be filed within a week. The matter is scheduled for hearing on the application for condonation of delay on 10.05.2023.
Delay condonation
The Tribunal granted the appellant three days to deposit the remaining amount required for compliance with Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Delay condonation
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act 2016 by depositing the remaining amount, warning that failure to do so will result in the dismissal of the defective appeal.
Delay condonation
The Tribunal directed the appellant to deposit the outstanding TDS amount of Rs. 1,46,184/- within one week to ensure full compliance with Section 43(5) of the Act regarding mandatory deposits for filing an appeal.
Tribunal Order #0901126065612022-14-11-2024
The Tribunal condoned the delay in filing five defective appeals, ruling that since the impugned orders prima facie appear to have been passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional challenge.
Tribunal Order #0901126065612022-20-03-2025
The Tribunal set aside the Adjudicating Officer's order regarding jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.11.2016 to 07.05.2019 due to the project's inordinate delay.
Tribunal Order #0901126065612022-01-03-2024
The Tribunal granted a three-day extension for the appellant to file a reply to the respondent's objections, subject to a cost of Rs 1000/- to be utilized for the legal library.
Tribunal Order #0901126065612022-28-03-2023
The Tribunal noted the appellant's submission regarding the deposit of TDS amounts to comply with Section 43(5) and directed that a reply be filed within a week. The matter is scheduled for hearing on the application for condonation of delay on 10.05.2023.
Tribunal Order #0901126065612022-16-03-2023
The Tribunal granted the appellant three days to deposit the remaining amount required for compliance with Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Tribunal Order #0901126065612022-01-03-2023
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act 2016 by depositing the remaining amount, warning that failure to do so will result in the dismissal of the defective appeal.
Tribunal Order #0901126065612022-06-02-2023
The Tribunal directed the appellant to deposit the outstanding TDS amount of Rs. 1,46,184/- within one week to ensure full compliance with Section 43(5) of the Act regarding mandatory deposits for filing an appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order regarding jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.11.2016 to 07.05.2019 due to the project's inordinate delay. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order regarding jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.11.2016 to 07.05.2019 due to the project's inordinate delay.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.11.2016 to 07.05.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Mohit Yadav
Respondent Advocate(s)
- Harprit Singh Arora
- Harish Pandey
Official RERA Tribunal Orders (7)
The Tribunal condoned the delay in filing five defective appeals, ruling that since the impugned orders prima facie appear to have been passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional challenge.
The Tribunal set aside the Adjudicating Officer's order regarding jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.11.2016 to 07.05.2019 due to the project's inordinate delay.
The Tribunal granted a three-day extension for the appellant to file a reply to the respondent's objections, subject to a cost of Rs 1000/- to be utilized for the legal library.
The Tribunal noted the appellant's submission regarding the deposit of TDS amounts to comply with Section 43(5) and directed that a reply be filed within a week. The matter is scheduled for hearing on the application for condonation of delay on 10.05.2023.
The Tribunal granted the appellant three days to deposit the remaining amount required for compliance with Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act 2016 by depositing the remaining amount, warning that failure to do so will result in the dismissal of the defective appeal.
The Tribunal directed the appellant to deposit the outstanding TDS amount of Rs. 1,46,184/- within one week to ensure full compliance with Section 43(5) of the Act regarding mandatory deposits for filing an appeal.
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