Appellant / Complainant
Akshat Agarwal, Ghaziabad Development Authority
Respondent
Ghaziabad Development Authority
₹8,63,000
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 0901126009212020 by Akshat Agarwal, Ghaziabad Development Authority against Ghaziabad Development Authority before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to extend the interest period for delayed possession from 31.03.2018 to 03.06.2017, while upholding the legality of the developer's demand for payment regarding the enhanced area of the unit.
Hearing
The appellant is challenging the Regulatory Authority's order regarding the commencement date for interest on delayed possession and directions related to clearing dues. The court heard arguments concerning whether a reasonable three-year period for completion should be applied from the original allotment or the alternate unit offer.
Hearing
The Tribunal granted the appellant a three-day extension to comply with a previous order by providing an amended copy of the appeal to the respondent via email.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 20.09.2023.
Hearing
The Tribunal allowed the appellant's application to amend the relief clause regarding the interest rate from '3.5%' to 'MCLR+1%' and directed the filing of an amended appeal within three days.
Hearing
The Tribunal adjourned the proceedings because the respondent's counsel was out of station and scheduled the matter for May 23, 2023, to consider the appellant's application for amendment regarding interest rates.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for a hearing on 17.04.2023.
Further Order
The Tribunal directed the Registry to correct the counsel's name in the cause list and reiterated a previous order condoning delay subject to a cost of Rs. 8,000, while setting timelines for filing replies and objections.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 8,000/- to be split between the Tribunal's Fund and the respondent.
Further Order
The Tribunal heard arguments regarding a limitation application and reserved its judgment on the issue of limitation.
Delay condonation
The Tribunal directed the parties to appear on the next date for the disposal of a limitation application and its objections, scheduling the matter for 08.12.2021.
Delay condonation
The Tribunal noted the change in counsel for the applicant and scheduled the matter for 16.11.2021 to decide on the limitation application.
Delay condonation
The Tribunal adjourned the matter to 22.10.2021 for consideration of an application for condonation of delay and directed the parties to exchange objections and pleadings via email and the e-portal.
Delay condonation
The Tribunal granted an adjournment request made by the respondent's counsel due to illness and rescheduled the case for 28.09.2021.
For Order
The case is adjourned because lawyers are abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for 10.03.2021.
Hearing
The Tribunal granted a request for adjournment and rescheduled the case to 24.02.2021 for consideration of an application for condonation of delay.
Tribunal Order #0901126009212020-07-05-2024
The Appellate Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to extend the interest period for delayed possession from 31.03.2018 to 03.06.2017, while upholding the legality of the developer's demand for payment regarding the enhanced area of the unit.
Tribunal Order #0901126009212020-30-01-2024
The appellant is challenging the Regulatory Authority's order regarding the commencement date for interest on delayed possession and directions related to clearing dues. The court heard arguments concerning whether a reasonable three-year period for completion should be applied from the original allotment or the alternate unit offer.
Tribunal Order #0901126009212020-07-12-2022
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 8,000/- to be split between the Tribunal's Fund and the respondent.
Tribunal Order #0901126009212020-09-01-2023
The Tribunal directed the Registry to correct the counsel's name in the cause list and reiterated a previous order condoning delay subject to a cost of Rs. 8,000, while setting timelines for filing replies and objections.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to extend the interest period for delayed possession from 31.03.2018 to 03.06.2017, while upholding the legality of the developer's demand for payment regarding the enhanced area of the unit. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to extend the interest period for delayed possession from 31.03.2018 to 03.06.2017, while upholding the legality of the developer's demand for payment regarding the enhanced area of the unit.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 03.06.2017 to 04.02.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Respondent Advocate(s)
- Rishabh Raj
Official RERA Tribunal Orders (4)
The Appellate Tribunal partially allowed the appeal, modifying the Regulatory Authority's order to extend the interest period for delayed possession from 31.03.2018 to 03.06.2017, while upholding the legality of the developer's demand for payment regarding the enhanced area of the unit.
The appellant is challenging the Regulatory Authority's order regarding the commencement date for interest on delayed possession and directions related to clearing dues. The court heard arguments concerning whether a reasonable three-year period for completion should be applied from the original allotment or the alternate unit offer.
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 8,000/- to be split between the Tribunal's Fund and the respondent.
The Tribunal directed the Registry to correct the counsel's name in the cause list and reiterated a previous order condoning delay subject to a cost of Rs. 8,000, while setting timelines for filing replies and objections.
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