Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Shilpi Gaur
Respondent
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 0901126001402020 by Greater Noida Industrial Development Authority against Shilpi Gaur before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by the Greater Noida Industrial Development Authority, upholding the RERA order for possession and interest (MCLR+1%) to the allottee, and directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Hearing
The Tribunal heard arguments from both parties regarding the validity of interest for delay and the legality of an offer of possession without OC/CC, but reserved judgment.
Hearing
The Tribunal granted a request from the counsels of both parties to adjourn the hearing and rescheduled the appeal for 06.07.2022.
Hearing
The Tribunal directed the appellant to file their objections/counter-claims (OC/CC) along with written submissions and relied-upon judgments within 20 days and listed the appeal for hearing on 04.07.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant a final one-week extension to file a reply to the respondent's objections regarding the grounds of appeal and scheduled the matter for hearing on 11.04.2022.
Delay condonation
The Tribunal granted the applicant a final 10-day extension to file a reply to the respondent's objections and directed that the reply be served via email and uploaded to the e-portal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the matter for January 18, 2022, to dispose of a pending limitation application.
Delay condonation
The Tribunal granted the applicant a 10-day extension to file a reply to the respondent's objections and scheduled the next hearing for November 2, 2021.
Delay condonation
The Tribunal granted the appellant a two-week extension to file a reply to the respondent's objections and directed that copies be served via email and filed physically with the Registry before the next hearing on 08.10.2021.
For Order
The case was adjourned due to a lawyer strike called by the Oudh Bar Association, with the matter rescheduled for 12.03.2021.
For Order
The Tribunal granted the appellant two weeks to file a reply to the respondent's objection and scheduled the matter for 24.02.2021 to consider an application for condonation of delay.
Tribunal Order #0901126001402020-11-04-2022
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126001402020-27-07-2022
The Appellate Tribunal dismissed the appeal filed by the Greater Noida Industrial Development Authority, upholding the RERA order for possession and interest (MCLR+1%) to the allottee, and directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by the Greater Noida Industrial Development Authority, upholding the RERA order for possession and interest (MCLR+1%) to the allottee, and directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by the Greater Noida Industrial Development Authority, upholding the RERA order for possession and interest (MCLR+1%) to the allottee, and directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 16.06.2014 to 30.04.2016 at specified rate and from 01.05.2016 till the date of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Respondent Advocate(s)
- Divyam Krishna
Official RERA Tribunal Orders (2)
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation due to the COVID-19 pandemic, and directed the Registry to convert the defective appeal into a regular appeal.
The Appellate Tribunal dismissed the appeal filed by the Greater Noida Industrial Development Authority, upholding the RERA order for possession and interest (MCLR+1%) to the allottee, and directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
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