Appellant / Complainant
Gaursons Hi-Tech Infrastructure Private Limited
Respondent
Reshmi Gupta
gaursons hi-tech infrastructure private limited
₹19,52,313
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 0901126001992023 by Gaursons Hi-Tech Infrastructure Private Limited against Reshmi Gupta before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the developer's appeal, ruling that the offer of possession was invalid because it was made before obtaining a valid Occupancy Certificate or meeting the statutory three-month period for deemed completion, thereby upholding the award of delay interest at MCLR+1%.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and objections, subsequently reserving the matter for judgment.
Hearing
The Tribunal heard arguments from both counsels and scheduled the appeal for further hearing on May 15, 2025.
Hearing
The Tribunal has scheduled the case for orders on 08.05.2025 and directed the promoter to show cause why compensation should not be enhanced as requested by the allottees.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the appeal for hearing on 25.04.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence and rescheduled the appeal hearing for April 7, 2025.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-425/2023 to March 7, 2025.
Hearing
The Tribunal has scheduled the appeal for a hearing on 14.02.2025 as no parties were present during the proceedings.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the case for orders on 24.01.2025.
Delay condonation
The Tribunal condoned a 27-day delay in filing the appeal due to the signatory's illness, subject to a cost of Rs. 5,000/- to be used for legal library books.
Delay condonation
The appeal was adjourned at the request of the appellant's counsel and is scheduled to be listed on 09.12.2024, with relevant documents to be uploaded in the interim.
Delay condonation
The Tribunal granted a request for adjournment and rescheduled the appeal to be listed on 07.11.2024 to align with similar matters.
Delay condonation
The Tribunal has granted a request from both parties to list the defective appeal for hearing or orders on 15.10.2024.
Delay condonation
Upon the joint request of the counsel for both parties, the appeal has been adjourned and listed for orders on 02.08.2024.
Delay condonation
The Tribunal granted a request to list the appeal for orders on 18.07.2024 to align with similar matters involving the appellant.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders/hearing on 22.05.2024.
Delay condonation
The Tribunal noted that both counsels were out of station and adjourned the matter to 22.04.2024 for consideration of the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection and scheduled the matter for hearing on 15.03.2024 regarding the application for condonation of delay.
Delay condonation
The Tribunal imposed a cost of Rs. 500/- on the respondent for delay in filing objections and granted them three additional days to file objections to the grounds of appeal, with the next hearing scheduled for 13.02.2024.
Delay condonation
The Tribunal noted the timeline for filing objections to the grounds of appeal and the applicant's reply regarding the condonation of delay, subsequently listing the matter for hearing on 28.09.2023.
Delay condonation
The Tribunal verified compliance with Section 43(5) of the Act regarding the deposit of Rs 97,140/- and issued notice to the respondent on the applicant's application for condonation of delay, scheduled for hearing on 17.08.2023.
Tribunal Order #0901126001992023-11-09-2025
The Appellate Tribunal dismissed the developer's appeal, ruling that the offer of possession was invalid because it was made before obtaining a valid Occupancy Certificate or meeting the statutory three-month period for deemed completion, thereby upholding the award of delay interest at MCLR+1%.
Tribunal Order #0901126001992023-25-04-2025
The Tribunal has scheduled the case for orders on 08.05.2025 and directed the promoter to show cause why compensation should not be enhanced as requested by the allottees.
Tribunal Order #0901126001992023-05-01-2024
The Tribunal imposed a cost of Rs. 500/- on the respondent for delay in filing objections and granted them three additional days to file objections to the grounds of appeal, with the next hearing scheduled for 13.02.2024.
Tribunal Order #0901126001992023-09-12-2024
The Tribunal condoned a 27-day delay in filing the appeal due to the signatory's illness, subject to a cost of Rs. 5,000/- to be used for legal library books.
Tribunal Order #0901126001992023-21-06-2023
The Tribunal verified compliance with Section 43(5) of the Act regarding the deposit of Rs 97,140/- and issued notice to the respondent on the applicant's application for condonation of delay, scheduled for hearing on 17.08.2023.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the developer's appeal, ruling that the offer of possession was invalid because it was made before obtaining a valid Occupancy Certificate or meeting the statutory three-month period for deemed completion, thereby upholding the award of delay interest at MCLR+1%. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the developer's appeal, ruling that the offer of possession was invalid because it was made before obtaining a valid Occupancy Certificate or meeting the statutory three-month period for deemed completion, thereby upholding the award of delay interest at MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.01.2021 till date of OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Mohit Yadav
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (5)
The Appellate Tribunal dismissed the developer's appeal, ruling that the offer of possession was invalid because it was made before obtaining a valid Occupancy Certificate or meeting the statutory three-month period for deemed completion, thereby upholding the award of delay interest at MCLR+1%.
The Tribunal has scheduled the case for orders on 08.05.2025 and directed the promoter to show cause why compensation should not be enhanced as requested by the allottees.
The Tribunal imposed a cost of Rs. 500/- on the respondent for delay in filing objections and granted them three additional days to file objections to the grounds of appeal, with the next hearing scheduled for 13.02.2024.
The Tribunal condoned a 27-day delay in filing the appeal due to the signatory's illness, subject to a cost of Rs. 5,000/- to be used for legal library books.
The Tribunal verified compliance with Section 43(5) of the Act regarding the deposit of Rs 97,140/- and issued notice to the respondent on the applicant's application for condonation of delay, scheduled for hearing on 17.08.2023.
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