Appellant / Complainant
Vipul Jain
Respondent
Vasu Infrastructure Pvt. Ltd.
vasu infrastructure pvt. ltd.
₹33,02,896
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 0901126003562019 by Vipul Jain against Vasu Infrastructure Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, modifying the previous order to grant the appellant interest for delay in possession from the promised date of 07.05.2016 until the legal offer of possession on 18.02.2021 at a rate of MCLR+1%.
Further Hearing
The Tribunal heard arguments regarding maintenance charge calculations and the validity of possession offers, subsequently reserving judgment on the appeal.
Further Hearing
The Tribunal directed the respondent to clarify when the offer of possession was made and to provide a statement regarding the formation of the association and the handing over of common areas. The matter is scheduled for further hearing on 25.11.2022.
Final Hearing
The Tribunal recorded that no time was left during the session and ordered the matter to be listed for hearing on 24.11.2022.
For Order
The Tribunal has scheduled the appeal for a hearing on November 23, 2022, noting that pleadings have been exchanged and the matter is ripe for hearing.
Hearing
The Tribunal granted the respondent one week to file objections to the amended memo of appeal and directed the parties to exchange replies via email and upload them to the e-portal before the next hearing on 18.10.2022.
Hearing on Amendment Application
The Tribunal allowed the appellant's application to amend the appeal by adding new legal grounds, directing the appellant to incorporate these changes in red ink and file an amended copy within a week.
For Order
The Respondent's counsel requested and was granted a 10-day extension to file objections to the proposed amendment in the memo of appeal, with the matter scheduled for hearing on 31.08.2022.
Final Hearing
The Tribunal issued a show-cause notice to the Respondent's CMD for violating a previous RERA order by calculating delay interest based on the Builder Buyer Agreement instead of the mandated MCLR+1%, and directed the filing of a personal affidavit from the CMD.
Final Hearing
The Tribunal granted a request for final hearing and scheduled the appeal for further proceedings on 02.08.2022.
Final Hearing
The Tribunal granted the respondent one week to comply with a previous order dated 18.05.2022, warning that failure to do so will require the Managing Director to appear in person to show cause why proceedings should not be initiated under Section 64 of the Act.
Final Hearing
The Tribunal directed the Respondent to issue a fresh demand letter consistent with the Regulatory Authority's order within 15 days, and ordered both parties to exchange details regarding the amounts receivable or payable as per RERA directions.
Final Hearing
The Tribunal adjourned the appeal due to the absence of counsel and issued a directive that any future requests for adjournment must be made through a formal application.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to sanctioned leave and rescheduled the hearing for 13.04.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 13.01.2022.
Final Hearing
The Tribunal noted that the rejoinder has been filed and directed both parties to prepare and exchange a list of dates and events before the next hearing.
Final Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the final hearing for December 10, 2021.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his unavailability and rescheduled the appeal for a final hearing on 29.11.2021.
Hearing
The Tribunal directed the parties to exchange lists of dates, events, and relied-upon judgments/orders before the next hearing scheduled for 28.10.2021.
Further Order
The Tribunal directed the respondent to file a reply to the grounds of appeal within three days and noted the appellant's request for an offer of possession following necessary financial adjustments.
Further Order
The Tribunal granted an adjournment requested by the respondent due to the injury of the Builder Company's Director and rescheduled the hearing for 22.03.2021.
Tribunal Order #0901126003562019-24-11-2022
The Tribunal directed the respondent to clarify when the offer of possession was made and to provide a statement regarding the formation of the association and the handing over of common areas. The matter is scheduled for further hearing on 25.11.2022.
Tribunal Order #0901126003562019-31-08-2022
The Tribunal allowed the appellant's application to amend the appeal by adding new legal grounds, directing the appellant to incorporate these changes in red ink and file an amended copy within a week.
Tribunal Order #0901126003562019-02-08-2022
The Tribunal issued a show-cause notice to the Respondent's CMD for violating a previous RERA order by calculating delay interest based on the Builder Buyer Agreement instead of the mandated MCLR+1%, and directed the filing of a personal affidavit from the CMD.
Tribunal Order #0901126003562019-18-05-2022
The Tribunal directed the Respondent to issue a fresh demand letter consistent with the Regulatory Authority's order within 15 days, and ordered both parties to exchange details regarding the amounts receivable or payable as per RERA directions.
Tribunal Order #0901126003562019-22-03-2021
The Tribunal directed the respondent to file a reply to the grounds of appeal within three days and noted the appellant's request for an offer of possession following necessary financial adjustments.
Tribunal Order #0901126003562019-29-05-2023
The Tribunal partially allowed the appeal, modifying the previous order to grant the appellant interest for delay in possession from the promised date of 07.05.2016 until the legal offer of possession on 18.02.2021 at a rate of MCLR+1%.
Tribunal Order #0901126003562019-25-11-2022
The Tribunal heard arguments regarding maintenance charge calculations and the validity of possession offers, subsequently reserving judgment on the appeal.
Tribunal Order #0901126003562019-07-07-2022
The Tribunal granted the respondent one week to comply with a previous order dated 18.05.2022, warning that failure to do so will require the Managing Director to appear in person to show cause why proceedings should not be initiated under Section 64 of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, modifying the previous order to grant the appellant interest for delay in possession from the promised date of 07.05.2016 until the legal offer of possession on 18.02.2021 at a rate of MCLR+1%. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, modifying the previous order to grant the appellant interest for delay in possession from the promised date of 07.05.2016 until the legal offer of possession on 18.02.2021 at a rate of MCLR+1%.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 07.05.2016 till 18.02.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
Respondent Advocate(s)
- Himanshu Hemant Gupta
- Ashivini Dwivedi
Official RERA Tribunal Orders (8)
The Tribunal directed the respondent to clarify when the offer of possession was made and to provide a statement regarding the formation of the association and the handing over of common areas. The matter is scheduled for further hearing on 25.11.2022.
The Tribunal allowed the appellant's application to amend the appeal by adding new legal grounds, directing the appellant to incorporate these changes in red ink and file an amended copy within a week.
The Tribunal issued a show-cause notice to the Respondent's CMD for violating a previous RERA order by calculating delay interest based on the Builder Buyer Agreement instead of the mandated MCLR+1%, and directed the filing of a personal affidavit from the CMD.
The Tribunal directed the Respondent to issue a fresh demand letter consistent with the Regulatory Authority's order within 15 days, and ordered both parties to exchange details regarding the amounts receivable or payable as per RERA directions.
The Tribunal directed the respondent to file a reply to the grounds of appeal within three days and noted the appellant's request for an offer of possession following necessary financial adjustments.
The Tribunal partially allowed the appeal, modifying the previous order to grant the appellant interest for delay in possession from the promised date of 07.05.2016 until the legal offer of possession on 18.02.2021 at a rate of MCLR+1%.
The Tribunal heard arguments regarding maintenance charge calculations and the validity of possession offers, subsequently reserving judgment on the appeal.
The Tribunal granted the respondent one week to comply with a previous order dated 18.05.2022, warning that failure to do so will require the Managing Director to appear in person to show cause why proceedings should not be initiated under Section 64 of the Act.
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