Appellant / Complainant
Pradeep Kulshrestha
Respondent
Gardenia Aims Developers Pvt. Ltd.
gardenia aims developers pvt. ltd.
₹3,16,668
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 0901126000132018 by Pradeep Kulshrestha against Gardenia Aims Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal modified the lower authority's order by directing the developer to pay interest at MCLR+1% for the delay in providing lawful possession and ordered the cancellation of an illegal 'Labour Cess' demand.
Further Consideration
The Tribunal heard arguments from the appellant's counsel and reserved the judgment for further consideration.
Further Consideration
The Tribunal granted a request by the appellant's counsel for an adjournment to formulate substantial questions of law and scheduled the next hearing for 18.04.2022.
Tribunal Order #0901126000132018-30-12-2022
The Appellate Tribunal modified the lower authority's order by directing the developer to pay interest at MCLR+1% for the delay in providing lawful possession and ordered the cancellation of an illegal 'Labour Cess' demand.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal modified the lower authority's order by directing the developer to pay interest at MCLR+1% for the delay in providing lawful possession and ordered the cancellation of an illegal 'Labour Cess' demand. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal modified the lower authority's order by directing the developer to pay interest at MCLR+1% for the delay in providing lawful possession and ordered the cancellation of an illegal 'Labour Cess' demand.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 1st November 2012 till the date of handing over 'fit out possession' (October 2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kailash Prashad Pandey
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (1)
The Appellate Tribunal modified the lower authority's order by directing the developer to pay interest at MCLR+1% for the delay in providing lawful possession and ordered the cancellation of an illegal 'Labour Cess' demand.
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