Appellant / Complainant
Sheo Shankar Choudhary
Respondent
Gardenia Aims Developers Pvt. Ltd.
gardenia aims developers pvt. ltd.
₹39,82,500
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 0901126001742020 by Sheo Shankar Choudhary against Gardenia Aims Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal partly allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining OC/CC, pay interest at MCLR+1% per annum for the delay from the promised date until fit-out possession, and fulfill all advertised amenities.
Hearing
The Tribunal heard arguments regarding the appellant's request for interest on delayed possession from the promised date until November 26, 2016, and subsequently reserved its judgment.
Hearing
The Tribunal granted a one-day adjournment to the respondent's counsel due to a scheduling conflict and rescheduled the hearing for February 28, 2024, with a strict warning against further adjournments.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for February 27, 2024.
Hearing
The Tribunal noted the respondent's request for adjournment and directed that any such application must be formally uploaded to the concerned folder. The matter is listed for orders on 01.02.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on 14.08.2023 following information from the appellant's counsel that the matter is ripe for hearing.
Hearing
The court granted an adjournment requested by the appellant's counsel due to his mother's illness and rescheduled the matter for hearing on 31.05.2023.
Hearing
The Tribunal noted the exchange of pleadings and scheduled the appeal for a hearing on 20.04.2023.
Further Consideration
The court heard arguments from the appellant's counsel and has reserved the judgment for further consideration.
Further Consideration
The Tribunal granted a request by the appellant's counsel for an adjournment to frame substantial questions of law and rescheduled the matter for hearing on 18.04.2022.
Tribunal Order #0901126001742020-29-05-2024
The Tribunal partly allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining OC/CC, pay interest at MCLR+1% per annum for the delay from the promised date until fit-out possession, and fulfill all advertised amenities.
Tribunal Order #0901126001742020-28-02-2024
The Tribunal heard arguments regarding the appellant's request for interest on delayed possession from the promised date until November 26, 2016, and subsequently reserved its judgment.
Tribunal Disposal & Final Award Ruling
The Tribunal partly allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining OC/CC, pay interest at MCLR+1% per annum for the delay from the promised date until fit-out possession, and fulfill all advertised amenities. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partly allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining OC/CC, pay interest at MCLR+1% per annum for the delay from the promised date until fit-out possession, and fulfill all advertised amenities.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.11.2012 till the date of providing fit out possession i.e. 26.11.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (2)
The Tribunal partly allowed the appeal, directing the respondent to provide legal possession of the flat after obtaining OC/CC, pay interest at MCLR+1% per annum for the delay from the promised date until fit-out possession, and fulfill all advertised amenities.
The Tribunal heard arguments regarding the appellant's request for interest on delayed possession from the promised date until November 26, 2016, and subsequently reserved its judgment.
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