Appellant / Complainant
Gaurav Upadhayay
Respondent
Golf Green Infra Pvt. Ltd., New Okhla Industrial Development Authority
golf green infra pvt. ltd.
₹1,62,62,858
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 0901126008352021 by Gaurav Upadhayay against Golf Green Infra Pvt. Ltd., New Okhla Industrial Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 1 to provide legal possession of the unit with all promised amenities and OC/CC, while paying delay interest at MCLR+1% from 01.04.2018 until legal possession, excluding the COVID-19 force majeure period.
Hearing
The Tribunal heard arguments from the appellant and respondent no. 2 regarding the case status and noted the absence of objections from respondent no. 1, subsequently reserving judgment.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a family casualty and rescheduled the hearing for January 31, 2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the next hearing for November 29, 2022.
Hearing
This document is a formal heading/caption of an appeal (APPEAL-116/2021) before the U.P. Real Estate Appellate Tribunal involving Gaurav Upadhayay and Golf Green Infra Pvt. Ltd., but it contains no substantive rulings or directives.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, citing Supreme Court guidelines regarding the extension of limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the applicant one week to prepare further submissions regarding the claim of deemed OC/CC and scheduled the matter for September 6, 2022, to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant ten days to file a reply against the respondent's objection and scheduled the hearing for the application for condonation of delay on 17.08.2022.
Delay condonation
The Tribunal granted the appellant two weeks to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent. The matter is scheduled for hearing on 25.07.2022 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted respondent no. 1 a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that failure to comply will result in ex parte proceedings.
to file objections and its reply
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-116/2021) for want of prosecution due to the non-appearance of the appellant.
Further Order
The Tribunal directed the applicant to email the memo of appeal and delay condonation application to the respondent, and ordered the respondent to file an objection to the limitation application by the next hearing on 19.01.2022.
Further Order
The Tribunal noted that notice had not been duly served on the respondent and directed the appellant to issue notice via registered post, email, and 'Dasti' before the next hearing on 23.12.2021.
For Order
The Tribunal noted a clerical error regarding counsel representation and directed the appellant to issue notice to the respondent via registered post and email, scheduling the matter for 26.11.2021.
Hearing
The Tribunal adjourned the case due to non-appearance of parties and directed that notices be issued via e-mail, scheduling the next hearing for 29.10.2021.
Defect Removal
The Tribunal directed the exchange of the application for condonation of delay and grounds of appeal between counsel via email and scheduled the matter for hearing on 16.04.2021.
Defect Removal
The Tribunal directed the Registry to examine a report regarding the removal of defects in the appeal and scheduled the matter for hearing on 18.03.2021.
Admission
The Tribunal directed the appellant to rectify all defects identified by the Registry before the next hearing date and scheduled the matter for further orders on 26.02.2021.
Tribunal Order #0901126008352021-06-09-2022
The Tribunal allowed the application for condonation of delay in filing the appeal, citing Supreme Court guidelines regarding the extension of limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126008352021-02-03-2022
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-116/2021) for want of prosecution due to the non-appearance of the appellant.
Tribunal Order #0901126008352021-29-05-2023
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 1 to provide legal possession of the unit with all promised amenities and OC/CC, while paying delay interest at MCLR+1% from 01.04.2018 until legal possession, excluding the COVID-19 force majeure period.
Tribunal Order #0901126008352021-23-05-2022
The Tribunal granted respondent no. 1 a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that failure to comply will result in ex parte proceedings.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-116/2021) for want of prosecution due to the non-appearance of the appellant. The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 1 to provide legal possession of the unit with all promised amenities and OC/CC, while paying delay interest at MCLR+1% from 01.04.2018 until legal possession, excluding the COVID-19 force majeure period. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-116/2021) for want of prosecution due to the non-appearance of the appellant. The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 1 to provide legal possession of the unit with all promised amenities and OC/CC, while paying delay interest at MCLR+1% from 01.04.2018 until legal possession, excluding the COVID-19 force majeure period.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 01.04.2018 till the date of legal offer of possession (excluding the force majeure period from 25.03.2020 to 25.09.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shrikant Mishra
Respondent Advocate(s)
- Ashok Shukla
- Anurag Srivastava
Official RERA Tribunal Orders (4)
The Tribunal allowed the application for condonation of delay in filing the appeal, citing Supreme Court guidelines regarding the extension of limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-116/2021) for want of prosecution due to the non-appearance of the appellant.
The Tribunal set aside the Regulatory Authority's order and directed Respondent No. 1 to provide legal possession of the unit with all promised amenities and OC/CC, while paying delay interest at MCLR+1% from 01.04.2018 until legal possession, excluding the COVID-19 force majeure period.
The Tribunal granted respondent no. 1 a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that failure to comply will result in ex parte proceedings.
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