Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Harish Kumar Jain
₹24,47,757
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 0901126001842020 by Greater Noida Industrial Development Authority against Harish Kumar Jain before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to pay delayed interest (MCLR+1%) to the respondent and directing the transfer of the promoter's pre-deposited funds to the Authority for disbursement.
Hearing
The appellant is challenging the Regulatory Authority's order regarding the interest awarded for delay in providing possession; however, the Tribunal has reserved its judgment following arguments from both parties.
Hearing
The Tribunal granted an adjournment as the appellant's counsel submitted that a reply to the respondent's objections had been filed and requested a future hearing date.
Hearing
The Tribunal granted the appellant a final one-week extension to file a reply to the respondent's objections and scheduled the appeal for hearing on 26.05.2023.
For Order
The Tribunal granted the appellant a one-week extension to file a reply against the respondent's objection and scheduled the next hearing for 24.04.2023.
For Order
The Tribunal noted the appellant's failure to comply with the cost payment conditions for condonation of delay and granted one week to fulfill those requirements.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 07.02.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for November 21, 2022.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to payment of costs of Rs. 12,000/- to be split equally between the Tribunal's Fund and the respondent.
Delay condonation
The Tribunal heard arguments regarding the application of limitation and reserved its judgment on the matter.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed both parties to exchange pleadings and file originals with the Registry before the next hearing on 02.11.2021.
For Order
The Tribunal adjourned the case upon the request of the appellant's counsel and scheduled it for hearing on 01.10.2021 regarding the application for condonation of delay.
Hearing
The Tribunal adjourned the case to 01.04.2021 due to an ongoing strike by advocates and directed the parties to exchange pleadings in the interim.
For Order
Upon the joint request of the counsels for both parties, the tribunal has ordered that the defective appeal be listed for hearing on 05.03.2021.
Tribunal Order #0901126001842020-07-02-2023
The Tribunal noted the appellant's failure to comply with the cost payment conditions for condonation of delay and granted one week to fulfill those requirements.
Tribunal Order #0901126001842020-18-09-2023
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to pay delayed interest (MCLR+1%) to the respondent and directing the transfer of the promoter's pre-deposited funds to the Authority for disbursement.
Tribunal Order #0901126001842020-20-09-2022
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to payment of costs of Rs. 12,000/- to be split equally between the Tribunal's Fund and the respondent.
Tribunal Order #0901126001842020-25-08-2023
The appellant is challenging the Regulatory Authority's order regarding the interest awarded for delay in providing possession; however, the Tribunal has reserved its judgment following arguments from both parties.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to pay delayed interest (MCLR+1%) to the respondent and directing the transfer of the promoter's pre-deposited funds to the Authority for disbursement. Awarded in favor of Respondent. Awarded interest rate: @ 4% from 13.12.2014 to 30.04.2016 and @ MCLR+1% from 01.05.2016 till the offer of possession.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to pay delayed interest (MCLR+1%) to the respondent and directing the transfer of the promoter's pre-deposited funds to the Authority for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
@ 4% from 13.12.2014 to 30.04.2016 and @ MCLR+1% from 01.05.2016 till the offer of possession
Interest Period
from 13.12.2014 to 28.03.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Respondent Advocate(s)
- Vibhanshu Srivastava
- Nirmit Srivastava
Official RERA Tribunal Orders (4)
The Tribunal noted the appellant's failure to comply with the cost payment conditions for condonation of delay and granted one week to fulfill those requirements.
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order to pay delayed interest (MCLR+1%) to the respondent and directing the transfer of the promoter's pre-deposited funds to the Authority for disbursement.
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to payment of costs of Rs. 12,000/- to be split equally between the Tribunal's Fund and the respondent.
The appellant is challenging the Regulatory Authority's order regarding the interest awarded for delay in providing possession; however, the Tribunal has reserved its judgment following arguments from both parties.
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