up_reraStatus: Completed
CASE ID: 0901126000202018

Appellant / Complainant

V Sharma

VS

Respondent

Gardenia Aims Developers Pvt. Ltd.

Developer Firm

gardenia aims developers pvt. ltd.

Disputed Amount

2,46,785

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestSale Deed & Title TransferStructural Defects & QualityPromotional MisrepresentationMaintenance & Utility DisputesJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

7 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126000202018 by V Sharma against Gardenia Aims Developers Pvt. Ltd. before up_rera.

Delay in PossessionDelay Compensation / InterestSale Deed & Title TransferStructural Defects & QualityPromotional MisrepresentationMaintenance & Utility DisputesJurisdiction & Maintainability
2
Stage 124/02/2022

for delivery of Judgment/Order

The U.P. Real Estate Appellate Tribunal set aside the lower authority's order and directed the respondent to provide lawful possession of the flat by May 31, 2022, pay interest at MCLR+1% for the initial delay period, pay 4% interest from April 2016 onwards, and award ₹1,00,000 in compensation for mental agony.

3
Stage 226/03/2021

Arguments

No text available.

4
Stage 328/01/2021

Arguments

No text available.

5
Stage 411/12/2020

Arguments

No text available.

6
Stage 5Final Ruling Order

Tribunal Order #0901126000202018-24-02-2022

The U.P. Real Estate Appellate Tribunal set aside the lower authority's order and directed the respondent to provide lawful possession of the flat by May 31, 2022, pay interest at MCLR+1% for the initial delay period, pay 4% interest from April 2016 onwards, and award ₹1,00,000 in compensation for mental agony.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The U.P. Real Estate Appellate Tribunal set aside the lower authority's order and directed the respondent to provide lawful possession of the flat by May 31, 2022, pay interest at MCLR+1% for the initial delay period, pay 4% interest from April 2016 onwards, and award ₹1,00,000 in compensation for mental agony. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum and 4% p.a..

Disposal Winner: AppellantInterest Rate: MCLR+1% per annum and 4% p.a.Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The U.P. Real Estate Appellate Tribunal set aside the lower authority's order and directed the respondent to provide lawful possession of the flat by May 31, 2022, pay interest at MCLR+1% for the initial delay period, pay 4% interest from April 2016 onwards, and award ₹1,00,000 in compensation for mental agony.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR+1% per annum and 4% p.a.

Interest Period

from 01.11.2012 till 02.04.2016 (MCLR+1%) and from 03.04.2016 till the date of handing over lawful possession (4%)

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 11(4)(f)Section 17Section 14(3)Section 12Section 11(4)(d)Section 19(6)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Kailash Prashad Pandey
  • Amit Yadav

Respondent Advocate(s)

  • Suchita Singh

Official RERA Tribunal Orders (1)

FINAL_ORDEROrder ID: 0901126000202018-24-02-2022

The U.P. Real Estate Appellate Tribunal set aside the lower authority's order and directed the respondent to provide lawful possession of the flat by May 31, 2022, pay interest at MCLR+1% for the initial delay period, pay 4% interest from April 2016 onwards, and award ₹1,00,000 in compensation for mental agony.

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