Appellant / Complainant
Kailash Prashad Pandey, Prabha Pandey
Respondent
Gardenia Aims Developers Pvt. Ltd.
gardenia aims developers pvt. ltd.
₹57,75,000
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 0901126000242018 by Kailash Prashad Pandey, Prabha Pandey against Gardenia Aims Developers Pvt. Ltd. before up_rera.
Hearing
Due to the non-appearance of the review applicant despite prior warnings, the Tribunal proceeded to examine the review application based on available documents and reserved judgment.
Hearing
The Tribunal adjourned the review application to 21.05.2024 due to the counsel's unavailability, while reiterating that no further adjournments will be granted and the matter will be decided based on available records if parties fail to appear.
Hearing
The Tribunal rescheduled the review application to 13.05.2024 and issued a strict directive that no further adjournments will be granted on the next date of hearing.
Hearing
The Tribunal granted the applicant one week to file a reply to the respondent's objections and scheduled the review application for orders on 09.05.2024.
Hearing
The Tribunal granted the review applicant one week to file a reply to the respondent's objections and scheduled the next hearing for May 3, 2024.
Hearing
The Tribunal granted the review applicant additional time to argue their application regarding errors in the judgment and has rescheduled the matter for hearing on 23.04.2024.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining necessary certificates, pay interest (MCLR+1%) for the delay period up to fit-out possession, and fulfill all promised amenities.
Hearing
The Tribunal heard oral arguments from the appellant's counsel regarding specific grounds challenging a RERA order and subsequently reserved judgment.
Hearing
The Tribunal adjourned the case to 15.11.2021 for a hearing on the recall application dated 06.08.2018 and directed that the opposite party be informed via email.
Further Hearing
The Tribunal directed the respondent's counsel to email a proposed settlement deed to the appellant's counsel to facilitate negotiations for an out-of-court settlement.
Tribunal Order #0901126000242018-29-01-2021
The Tribunal directed the respondent's counsel to email a proposed settlement deed to the appellant's counsel to facilitate negotiations for an out-of-court settlement.
Tribunal Order #0901126000242018-21-03-2022
The Tribunal partially allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining necessary certificates, pay interest (MCLR+1%) for the delay period up to fit-out possession, and fulfill all promised amenities.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining necessary certificates, pay interest (MCLR+1%) for the delay period up to fit-out possession, and fulfill all promised amenities. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining necessary certificates, pay interest (MCLR+1%) for the delay period up to fit-out possession, and fulfill all promised amenities.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.02.2016 till the date of fit out possession i.e. 28.03.2016
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 (2)
The Tribunal directed the respondent's counsel to email a proposed settlement deed to the appellant's counsel to facilitate negotiations for an out-of-court settlement.
The Tribunal partially allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining necessary certificates, pay interest (MCLR+1%) for the delay period up to fit-out possession, and fulfill all promised amenities.
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