Appellant / Complainant
Kavita
Respondent
Gardenia Aims Developers Pvt. Ltd.
gardenia aims developers pvt. ltd.
₹22,77,910
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 0901126003962019 by Kavita against Gardenia Aims Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal directs the Registry to resolve technical issues with the NIC to convert the current appeal into an execution case and lists it for orders on 10.04.2024.
Hearing
The Tribunal allowed an application for rectification to correct a clerical error in the order dated 01.02.2024, changing the directive from 'appeal is restored' to 'the execution application is restored' regarding EA No.976/2023.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, directing the respondent to deliver legal possession of the flat after obtaining OC/CC and to pay interest at MCLR+1% per annum from January 2013 until possession is offered.
Hearing
The Tribunal noted that the parties were duly notified of the hearing and, after hearing the appellant's counsel, reserved the judgment for further consideration.
Hearing
The Tribunal granted an adjournment request for the respondent due to counsel's illness and directed that the case be listed for final hearing on 23.10.2021, noting that no further adjournments will be permitted.
Hearing
The appeal was adjourned due to the illness of the appellant's counsel, with the matter rescheduled for hearing on 21.10.2021.
Hearing
The Tribunal adjourned the matter to 17.03.2021 because the respondent failed to submit a settlement proposal or status reports as previously directed and was absent from the hearing.
Tribunal Order #0901126003962019-01-03-2024
The Tribunal allowed an application for rectification to correct a clerical error in the order dated 01.02.2024, changing the directive from 'appeal is restored' to 'the execution application is restored' regarding EA No.976/2023.
Tribunal Order #0901126003962019-21-03-2022
The Tribunal partially allowed the appeal, directing the respondent to deliver legal possession of the flat after obtaining OC/CC and to pay interest at MCLR+1% per annum from January 2013 until possession is offered.
Tribunal Order #0901126003962019-28-03-2024
The Tribunal directs the Registry to resolve technical issues with the NIC to convert the current appeal into an execution case and lists it for orders on 10.04.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, directing the respondent to deliver legal possession of the flat after obtaining OC/CC and to pay interest at MCLR+1% per annum from January 2013 until possession is offered. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, directing the respondent to deliver legal possession of the flat after obtaining OC/CC and to pay interest at MCLR+1% per annum from January 2013 until possession is offered.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from January 2013 till providing legal offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shailesh Kumar Srivastava
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (3)
The Tribunal allowed an application for rectification to correct a clerical error in the order dated 01.02.2024, changing the directive from 'appeal is restored' to 'the execution application is restored' regarding EA No.976/2023.
The Tribunal partially allowed the appeal, directing the respondent to deliver legal possession of the flat after obtaining OC/CC and to pay interest at MCLR+1% per annum from January 2013 until possession is offered.
The Tribunal directs the Registry to resolve technical issues with the NIC to convert the current appeal into an execution case and lists it for orders on 10.04.2024.
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