Appellant / Complainant
Adesh Kumar Kaushik
Respondent
Greater Noida Industrial Development Authority
₹25,25,700
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 0901126001312020 by Adesh Kumar Kaushik against Greater Noida Industrial Development Authority before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and allowed the allottees' appeals, directing the promoter (GNIDA) to refund the deposited amounts with interest at the rate of MCLR+1% per annum.
Hearing
The court heard arguments from both parties and reserved the judgment for a later date.
Final Hearing
The court heard arguments from the counsels for both parties and reserved the judgment for further pronouncement.
Final Hearing
The Tribunal ordered the appeal to be listed on 25.08.2022 along with cross-appeal No. 736/2021 for further arguments.
Final Hearing
The Tribunal granted an adjournment requested by the respondent and scheduled the case for a hearing on August 1, 2022.
Final Hearing
The Tribunal directed the respondent to file an undertaking confirming that the presented documents are valid completion certificates and ordered both parties to exchange concise written submissions and relied-upon judgments within 20 days.
Final Hearing
The Tribunal directed the Respondent (Greater Noida Industrial Development Authority) to file a valid legal Occupation/Completion Certificate and provide a copy to the Appellant's counsel via email.
Delay condonation
The Tribunal granted an adjournment application moved by the respondent's counsel and rescheduled the matter to 12.01.2022 for the disposal of the limitation application.
Delay condonation
The Tribunal directed the respondent (Greater Noida Authority) to file the Occupation Certificate/Completion Certificate and any offer of possession as previously ordered on 15.11.2021.
Further Order
The Tribunal corrected a procedural error regarding the status of a limitation application and directed that the defective appeal be listed as a Regular Appeal. The respondent was granted permission to file additional documents concerning the project's completion and occupancy certificates.
Hearing
The Tribunal directed the parties to submit a list of dates, events, and relied-upon judgments at least three days before the next hearing, which is scheduled for arguments on 15.11.2021.
Hearing on Appeal
The matter was adjourned to 23.03.2021 due to a lawyers' strike, with a direction for parties to exchange pleadings in the interim.
Hearing on Appeal
The Tribunal directed the Registry to convert the Misc. Case into a Regular Appeal and established a timeline for the respondent to file objections and the appellant to file a reply.
Tribunal Order #0901126001312020-31-05-2023
The Appellate Tribunal set aside the Regulatory Authority's order and allowed the allottees' appeals, directing the promoter (GNIDA) to refund the deposited amounts with interest at the rate of MCLR+1% per annum.
Tribunal Order #0901126001312020-13-04-2022
The Tribunal directed the respondent to file an undertaking confirming that the presented documents are valid completion certificates and ordered both parties to exchange concise written submissions and relied-upon judgments within 20 days.
Tribunal Order #0901126001312020-10-12-2021
The Tribunal directed the respondent (Greater Noida Authority) to file the Occupation Certificate/Completion Certificate and any offer of possession as previously ordered on 15.11.2021.
Tribunal Order #0901126001312020-22-02-2022
The Tribunal directed the Respondent (Greater Noida Industrial Development Authority) to file a valid legal Occupation/Completion Certificate and provide a copy to the Appellant's counsel via email.
Tribunal Order #0901126001312020-15-11-2021
The Tribunal corrected a procedural error regarding the status of a limitation application and directed that the defective appeal be listed as a Regular Appeal. The respondent was granted permission to file additional documents concerning the project's completion and occupancy certificates.
Tribunal Order #0901126001312020-17-02-2021
The Tribunal directed the Registry to convert the Misc. Case into a Regular Appeal and established a timeline for the respondent to file objections and the appellant to file a reply.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and allowed the allottees' appeals, directing the promoter (GNIDA) to refund the deposited amounts with interest at the rate of MCLR+1% per annum. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and allowed the allottees' appeals, directing the promoter (GNIDA) to refund the deposited amounts with interest at the rate of MCLR+1% per annum.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit till the refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Vikram Asthana
- Anoop Kumar Asthana
Respondent Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Official RERA Tribunal Orders (6)
The Appellate Tribunal set aside the Regulatory Authority's order and allowed the allottees' appeals, directing the promoter (GNIDA) to refund the deposited amounts with interest at the rate of MCLR+1% per annum.
The Tribunal directed the respondent to file an undertaking confirming that the presented documents are valid completion certificates and ordered both parties to exchange concise written submissions and relied-upon judgments within 20 days.
The Tribunal directed the respondent (Greater Noida Authority) to file the Occupation Certificate/Completion Certificate and any offer of possession as previously ordered on 15.11.2021.
The Tribunal directed the Respondent (Greater Noida Industrial Development Authority) to file a valid legal Occupation/Completion Certificate and provide a copy to the Appellant's counsel via email.
The Tribunal corrected a procedural error regarding the status of a limitation application and directed that the defective appeal be listed as a Regular Appeal. The respondent was granted permission to file additional documents concerning the project's completion and occupancy certificates.
The Tribunal directed the Registry to convert the Misc. Case into a Regular Appeal and established a timeline for the respondent to file objections and the appellant to file a reply.
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