Appellant / Complainant
Gaursons Realtech Pvt Ltd
Respondent
Hasan Akmal Faruqi
gaursons realtech pvt ltd
₹28,98,357
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 0901126002102020 by Gaursons Realtech Pvt Ltd against Hasan Akmal Faruqi before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Final Hearing
The court heard arguments from both parties and reserved the judgment for a later date.
Final Hearing
The Tribunal adjourned the matter to 07.12.2021 to allow counsel for both parties to submit arguments regarding whether construction delays caused by NGT bans and COVID-19 should extend the promised delivery period.
Hearing
The Tribunal granted an adjournment to the appellant's counsel, who was unprepared, and rescheduled the matter for hearing on 23.11.2021.
Hearing
The Tribunal noted the possibility of a settlement between the parties and directed the respondent to appear in person at the next hearing on 22.11.2021.
For Order
The Tribunal directed the applicant to file a replication/rejoinder if desired and ordered both parties to upload their documents on the e-portal and file originals in the Registry before the next hearing on 29.04.2021.
Hearing
The Tribunal directed the Registry to verify a deposit of Rs. 69,692/- made via demand draft and scheduled the defective appeal for hearing on 02.04.2021.
Hearing
The Tribunal directed the appellant to file an amendment application for the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
Tribunal Order #0901126002102020-22-03-2022
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Tribunal Order #0901126002102020-10-02-2021
The Tribunal directed the appellant to file an amendment application for the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent. Awarded in favor of Respondent. Awarded interest rate: State Bank of India's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Ruling Awarded To
Respondent
Awarded Interest Rate
State Bank of India's MCLR+1% per annum
Interest Period
from 30.03.2018 till delivery of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- D N Verma
- Samrat Vaish
Respondent Advocate(s)
- Arvind Tilhari
Official RERA Tribunal Orders (2)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by M/S Gaursons Realtech Pvt. Ltd., upholding the Adjudicating Officer's order for compensation due to delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
The Tribunal directed the appellant to file an amendment application for the relief sought and ordered them to submit proof of deposit regarding Section 43(5) of the Act within three days.
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