Appellant / Complainant
Neeraj Srivastava
Respondent
Dhanya Promoters Private Limited (Mahagun Group)
dhanya promoters private limited
₹36,02,242
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 0901126003692024 by Neeraj Srivastava against Dhanya Promoters Private Limited (Mahagun Group) before up_rera.
Hearing
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made supported by a lawful Occupancy/Completion Certificate (OC/CC) and all requisite NOCs.
Hearing
The Tribunal has ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous directive to dispose of the delay condonation application ex parte.
Delay condonation
The Tribunal allowed the appellant's application for condonation of a 165-day delay in filing the appeal, citing the appellant's residency in Dubai and logistical difficulties with affidavit verification, and directed the registry to convert the defective appeal into a regular appeal.
Defect Removal
The Tribunal noted that despite service of notice, the respondent failed to appear, and consequently listed the defective appeal for consideration regarding condonation of delay and ex-parte hearing on 11.11.2024.
Defect Removal
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 131/2024.
Defect Removal
The Tribunal granted a request by the appellant's counsel to list this appeal on 29.08.2024 alongside a similar matter.
Defect Removal
The Tribunal rejected an application to take an affidavit of service on record due to non-payment of the requisite fee and directed the applicant to refile it correctly within one week.
Defect Removal
The Tribunal granted the appellant one week to effect service of notice on the respondent after the previous notice was returned due to an insufficient address, and rescheduled the hearing for 29.04.2024.
Defect Removal
The Tribunal directed the appellant to file an affidavit of service within three days and scheduled the defective appeal for consideration of a condonation of delay application on 12.04.2024.
Defect Removal
The Tribunal issued a notice to the respondents regarding an application for condonation of delay and directed the appellant to serve the notice and appeal documents via speed-post and email.
Tribunal Order #0901126003692024-11-11-2024
The Tribunal allowed the appellant's application for condonation of a 165-day delay in filing the appeal, citing the appellant's residency in Dubai and logistical difficulties with affidavit verification, and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126003692024-05-02-2025
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made supported by a lawful Occupancy/Completion Certificate (OC/CC) and all requisite NOCs.
Tribunal Order #0901126003692024-03-01-2025
The Tribunal has ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous directive to dispose of the delay condonation application ex parte.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made supported by a lawful Occupancy/Completion Certificate (OC/CC) and all requisite NOCs. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made supported by a lawful Occupancy/Completion Certificate (OC/CC) and all requisite NOCs.
Ruling Awarded To
Appellant
Interest Period
from 08.06.2018 till valid offer of possession is made by the respondent promoter after obtaining OC/CC or till the date of handing over of physical possession of the unit, whichever, is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nirmit Srivastav
- Srajak Srivastava
Official RERA Tribunal Orders (3)
The Tribunal allowed the appellant's application for condonation of a 165-day delay in filing the appeal, citing the appellant's residency in Dubai and logistical difficulties with affidavit verification, and directed the registry to convert the defective appeal into a regular appeal.
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made supported by a lawful Occupancy/Completion Certificate (OC/CC) and all requisite NOCs.
The Tribunal has ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous directive to dispose of the delay condonation application ex parte.
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