up_reraStatus: Completed
CASE ID: 0901126006962022

Appellant / Complainant

Sachin Agarwal, Jhilmil Agarwal

VS

Respondent

Green Bay Infrastructure Private Limited

Developer Firm

green bay infrastructure private limited

Disputed Amount

29,68,519

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional Misrepresentation

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

34 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126006962022 by Sachin Agarwal, Jhilmil Agarwal against Green Bay Infrastructure Private Limited before up_rera.

Delay in PossessionRefund of InvestmentDelay Compensation / InterestPromotional Misrepresentation
2
Stage 113/12/2024

for delivery of Judgment/Order

The Tribunal set aside the Adjudicating Officer's order that had dismissed a compensation complaint, ruling that the officer erred by misinterpreting the complaint as an execution request and acting beyond the pleadings. The original compensation complaint is restored for a fresh decision on its merits.

3
Stage 202/12/2024

Hearing

The Tribunal heard arguments regarding an appeal against an Adjudicating Officer's order concerning a claim for compensation due to project delay and subsequently reserved the judgment.

4
Stage 325/10/2024

Hearing

The Tribunal adjourned the proceedings following requests from both parties and scheduled the next hearing for December 2, 2024, noting that no further adjournments will be granted.

5
Stage 418/09/2024

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 25.10.2024.

6
Stage 521/08/2024

Hearing

The Tribunal adjourned the matter to 18.09.2024 for orders/hearing due to a technical glitch with the portal and the absence of both parties.

7
Stage 624/07/2024

Hearing

The Tribunal noted the absence of the appellant and granted an adjournment requested by the respondent's counsel; the matter is rescheduled for hearing on 21.08.2024.

8
Stage 724/05/2024

Hearing

The Tribunal adjourned the proceedings due to the absence of both parties and rescheduled the hearing for July 24, 2024.

9
Stage 825/04/2024

Hearing

The Tribunal noted the absence of the appellant and, upon information from the respondent's counsel that the appeal is ready for hearing, scheduled the matter for a hearing on 24.05.2024.

10
Stage 920/03/2024

Hearing

The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for April 25, 2024.

11
Stage 1026/02/2024

Hearing

The Tribunal granted a joint request from the counsel for both parties to list the appeal on 20.03.2024.

12
Stage 1118/01/2024

Hearing

The Tribunal noted that the appeal is ripe for hearing and rescheduled it for 26.02.2024 as the respondent's counsel was out of station.

13
Stage 1216/10/2023

Hearing

No text available.

14
Stage 1306/09/2023

Hearing

The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 16.10.2023.

15
Stage 1417/07/2023

Hearing

The Tribunal granted a request from the appellant's counsel to adjourn the hearing and rescheduled the matter for 06.09.2023.

16
Stage 1504/05/2023

Hearing

No text available.

17
Stage 1604/04/2023

Hearing

The Tribunal directed the appellant to place on record all documents supporting their compensation claim and to provide detailed descriptions for all uploaded annexures within one week.

18
Stage 1722/02/2023

For Order

The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the case for orders/hearing on April 4, 2023.

19
Stage 1820/01/2023

For Order

No text available.

20
Stage 1921/12/2022

For Order

The Tribunal adjourned the proceedings at the request of the respondent's counsel to allow time for brief preparation and scheduled the next hearing for 30.01.2023.

21
Stage 2028/11/2022

For Order

No text available.

22
Stage 2121/10/2022

Further Order

The Tribunal adjourned the proceedings due to the absence of counsel for both parties and rescheduled the matter for orders on 28.11.2022.

23
Stage 2221/09/2022

Delay condonation

The Tribunal directed the Registry to convert the defective appeal into a regular appeal after noting that pleadings have been exchanged and the filing is within time. The matter is scheduled for hearing on 21.10.2022.

24
Stage 2324/08/2022

For Order

The Tribunal directed the respondent to rectify registry defects within three days and scheduled the appeal for a hearing on September 21, 2022.

25
Stage 2428/07/2022

For Order

No text available.

26
Stage 2519/05/2022

For Order

The Tribunal granted the respondent a short extension to file a reply to the grounds of appeal and scheduled the matter for further orders on 28.07.2022.

27
Stage 2628/04/2022

Delay condonation

The Tribunal granted the respondent two weeks to file objections to the grounds of appeal and their vakalatnama, with a subsequent timeline set for the applicant to file a reply. The matter is scheduled for next hearing on 19.05.2022.

28
Stage 2715/04/2022

Delay condonation

No text available.

29
Stage 2823/03/2022

Defect Removal

The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the respondent via speed post and email, scheduling the next hearing for 15.04.2022.

30
Stage 2914/03/2022

Defect Removal

The Tribunal granted an adjournment requested by the appellant's counsel due to illness and personal reasons, while directing the removal of registry defects regarding unreadable annexures within one week.

31
Stage 30Final Ruling Order

Tribunal Order #0901126006962022-13-12-2024

The Tribunal set aside the Adjudicating Officer's order that had dismissed a compensation complaint, ruling that the officer erred by misinterpreting the complaint as an execution request and acting beyond the pleadings. The original compensation complaint is restored for a fresh decision on its merits.

32
Stage 31Interim Order

Tribunal Order #0901126006962022-04-04-2023

The Tribunal directed the appellant to place on record all documents supporting their compensation claim and to provide detailed descriptions for all uploaded annexures within one week.

33
Stage 32Interim Order

Tribunal Order #0901126006962022-21-09-2022

The Tribunal directed the Registry to convert the defective appeal into a regular appeal after noting that pleadings have been exchanged and the filing is within time. The matter is scheduled for hearing on 21.10.2022.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Adjudicating Officer's order that had dismissed a compensation complaint, ruling that the officer erred by misinterpreting the complaint as an execution request and acting beyond the pleadings. The original compensation complaint is restored for a fresh decision on its merits. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.

Disposal Winner: AppellantInterest Rate: MCLR + 1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Adjudicating Officer's order that had dismissed a compensation complaint, ruling that the officer erred by misinterpreting the complaint as an execution request and acting beyond the pleadings. The original compensation complaint is restored for a fresh decision on its merits.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR + 1%

Interest Period

from the date of deposit till the date of payment

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 12

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Amit Yadav
  • Kailash Prashad Pandey

Respondent Advocate(s)

  • Sarvesh Tiwari

Official RERA Tribunal Orders (3)

FINAL_ORDEROrder ID: 0901126006962022-13-12-2024

The Tribunal set aside the Adjudicating Officer's order that had dismissed a compensation complaint, ruling that the officer erred by misinterpreting the complaint as an execution request and acting beyond the pleadings. The original compensation complaint is restored for a fresh decision on its merits.

INTERIM_ORDEROrder ID: 0901126006962022-04-04-2023

The Tribunal directed the appellant to place on record all documents supporting their compensation claim and to provide detailed descriptions for all uploaded annexures within one week.

INTERIM_ORDEROrder ID: 0901126006962022-21-09-2022

The Tribunal directed the Registry to convert the defective appeal into a regular appeal after noting that pleadings have been exchanged and the filing is within time. The matter is scheduled for hearing on 21.10.2022.

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