Appellant / Complainant
Nilesh Gunjan
Respondent
Jkg Construction Pvt Ltd
jkg construction pvt ltd
₹38,81,500
Appellant
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 0901126002822020 by Nilesh Gunjan against Jkg Construction Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction and ruled that an offer of possession based on a temporary occupancy certificate is invalid; consequently, the promoter was directed to pay delay interest from 07.01.2020 until valid possession is granted, along with litigation costs.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding Appeal-816/2020 and has reserved the judgment for a later date.
Hearing
The Tribunal granted the respondent ten days to file objections to the appellant's supplementary affidavit and allowed the appellant seven days thereafter to reply, scheduling the next hearing for November 6, 2025.
Hearing
The Tribunal granted the respondent 10 days to file objections to the appellant's supplementary affidavit and scheduled the next hearing for October 14, 2025.
Hearing
Upon the request of the appellant's counsel, the tribunal has adjourned the appeal and scheduled it for a new hearing on 16.09.2025.
Hearing
The Tribunal granted the appellant one week to file a supplementary affidavit and directed the respondent to reply thereafter, scheduling the next hearing for 26.08.2025.
Hearing
The Tribunal noted the presence of counsel for the appellant and the absence of the respondent, subsequently listing the appeal for a final hearing on August 14, 2025.
Hearing
Upon the joint request of the counsel for both parties, the tribunal has adjourned the appeal and rescheduled it for hearing on 05.08.2025.
Hearing
The Tribunal granted an adjournment because the appellant's senior counsel was unable to appear due to a family illness, and rescheduled the appeal for hearing on 14.07.2025.
Hearing
The Tribunal granted the appellant's counsel time to prepare her brief and adjourned the appeal for hearing to 22.05.2025.
Hearing
The Tribunal noted the absence of both parties and adjourned the appeal to 05.05.2025 in the interest of justice.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to being out of station and rescheduled the matter for April 22, 2025.
Hearing
Upon a joint request from the counsel for both parties, the matter is adjourned and listed for orders/hearing on 09.04.2025.
Hearing
The case is adjourned to 27.03.2025 for orders due to a strike by the Bar Council of Uttar Pradesh.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 25.02.2025.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the appeal and rescheduled the matter for hearing on 04.02.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal has rescheduled the appeal to be listed for orders on January 16, 2025, at the request of the respondent's counsel.
Hearing
The Tribunal has granted a request to reschedule the hearing of Appeal-816/2020 to 16.12.2024.
Hearing
The Tribunal granted an adjournment request due to the illness of the appellant's counsel and scheduled the matter for orders on 18.11.2024.
Hearing
The Tribunal granted the appellant's request for time to file a supplementary affidavit regarding a new demand letter issued by the respondent and adjourned the matter to 03.10.2024.
Hearing
Upon a joint request from the counsels for both parties, the tribunal has rescheduled the appeal for a final hearing on 10.09.2024.
For Order
The Tribunal granted the appellant's request for time to prepare their brief and scheduled the case for hearing on 20.08.2024.
Hearing on Appeal
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.
Hearing
The Tribunal granted the appellant a one-week extension to provide necessary documents, including the allotment letter, BBA, and online complaint, and rescheduled the matter for September 11, 2023.
Hearing
The Tribunal has rescheduled the hearing of Appeal-816/2020 to 08.08.2023 based on a joint request from the counsels for both parties.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to being out of station and scheduled the case for hearing on 03.08.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and ordered the appeal to be listed for hearing on 23.05.2023.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a family emergency and scheduled the next hearing for April 11, 2023.
Final Hearing
The Tribunal adjourned the appeal due to the absence of the appellant and rescheduled the hearing for 03.02.2023.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to them being out of station; the hearing is rescheduled for 02.01.2023.
Final Hearing
The Tribunal has scheduled the case for a hearing on December 1, 2022.
Final Hearing
The Tribunal granted the appellant's request for an adjournment and rescheduled the hearing of Appeal-816/2020 to 02.11.2022.
Final Hearing
The proceedings for Appeal-816/2020 have been adjourned, with the matter scheduled for a hearing on 27.09.2022 following the exchange of pleadings.
Final Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing for September 6, 2022.
Final Hearing
The Tribunal granted the respondent three days to email their objections to the grounds of appeal and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for August 8, 2022.
Final Hearing
The Tribunal directed the respondent to file a reply to the appellant's amended memo of appeal within 20 days and scheduled the next hearing for May 27, 2022.
Final Hearing
The Tribunal adjourned the appeal due to the absence of the Appellant and directed the Registry to record the Vakalatnama filed by the Respondent's counsel.
Final Hearing
The Tribunal granted an adjournment requested by the respondent and directed the respondent's counsel to file objections to the grounds of appeal via email before the next hearing date on 17.01.2022.
Hearing
The Tribunal granted the respondent one week to file objections to the amended appeal and directed both parties to exchange replies via email and upload documents to the e-portal before the next hearing on 22.12.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for December 6, 2021.
Hearing
The Tribunal allowed the appellant's application (IA No. 2582/2021) to amend the memo of appeal to incorporate additional grounds for challenge, directing the parties to follow specific timelines for filing and service of the amended documents.
Hearing on Appeal
The Tribunal granted an adjournment requested by the respondent's counsel due to personal difficulties and rescheduled the hearing for November 2, 2021.
Hearing on Appeal
The Tribunal granted the appellant two weeks to file an amendment application to include specific grounds for the appeal, following objections regarding its maintainability.
Delay condonation
The Tribunal allowed the application for condonation of delay, condoning a three-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The U.P. Real Estate Appellate Tribunal dismissed the defective appeal (Appeal-816/2020) filed by Nilesh Gunjan due to non-prosecution and absence of the appellant or their counsel.
Hearing
The case is adjourned due to an advocates' strike by the Oudh Bar Association and is rescheduled for hearing on 24.03.2021, with a directive for parties to exchange pleadings in the interim.
For Order
The Tribunal directed the appellant to serve the application for condonation of delay and memo of appeal to the respondent, setting a timeline for filing objections and replies via email.
Tribunal Order #0901126002822020-24-03-2021
The U.P. Real Estate Appellate Tribunal dismissed the defective appeal (Appeal-816/2020) filed by Nilesh Gunjan due to non-prosecution and absence of the appellant or their counsel.
Tribunal Order #0901126002822020-03-02-2026
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction and ruled that an offer of possession based on a temporary occupancy certificate is invalid; consequently, the promoter was directed to pay delay interest from 07.01.2020 until valid possession is granted, along with litigation costs.
Tribunal Order #0901126002822020-12-08-2021
The Tribunal allowed the application for condonation of delay, condoning a three-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126002822020-02-11-2021
The Tribunal allowed the appellant's application (IA No. 2582/2021) to amend the memo of appeal to incorporate additional grounds for challenge, directing the parties to follow specific timelines for filing and service of the amended documents.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction and ruled that an offer of possession based on a temporary occupancy certificate is invalid; consequently, the promoter was directed to pay delay interest from 07.01.2020 until valid possession is granted, along with litigation costs. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction and ruled that an offer of possession based on a temporary occupancy certificate is invalid; consequently, the promoter was directed to pay delay interest from 07.01.2020 until valid possession is granted, along with litigation costs.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 07.01.2020 till the date of valid offer of possession/possession (after obtaining the OC/CC) (whichever is later)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- In Person
- Surangama Sharma
- Vijay Sharma
Respondent Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Official RERA Tribunal Orders (4)
The U.P. Real Estate Appellate Tribunal dismissed the defective appeal (Appeal-816/2020) filed by Nilesh Gunjan due to non-prosecution and absence of the appellant or their counsel.
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction and ruled that an offer of possession based on a temporary occupancy certificate is invalid; consequently, the promoter was directed to pay delay interest from 07.01.2020 until valid possession is granted, along with litigation costs.
The Tribunal allowed the application for condonation of delay, condoning a three-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal allowed the appellant's application (IA No. 2582/2021) to amend the memo of appeal to incorporate additional grounds for challenge, directing the parties to follow specific timelines for filing and service of the amended documents.
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