Appellant / Complainant
Anurag Dwivedi, Vandana Dwivedi
Respondent
Gardenia Aims Developers Pvt Ltd
gardenia aims developers pvt ltd
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 0901126010112021 by Anurag Dwivedi, Vandana Dwivedi against Gardenia Aims Developers Pvt Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order that modified the interest rate during execution, ruling that the Authority lacked jurisdiction to alter the original decree; consequently, the Tribunal restored the MCLR+1% interest rate and directed the respondent to execute the sublease deed within three months.
Hearing
The Tribunal acknowledges the appellant's entitlement to delay interest from 01.01.2013 to 31.07.2015 due to delayed possession, and the matter is listed for orders on 03.07.2025 following the respondent's request to verify if interest has already been paid or adjusted.
Hearing
The Tribunal has adjourned the appeal to 05.05.2025 for orders or hearing, noting the absence of the appellant's counsel.
Hearing
The parties informed the Tribunal of a settlement, and the appeal was adjourned to 09.04.2025 with a clarification that no further adjournments will be granted.
Hearing
The Tribunal noted the absence of the appellant's counsel and scheduled the appeal for a hearing on 17.03.2025.
Hearing
The Tribunal noted that the parties have reached an out-of-court settlement via application MA No.109/2025 and scheduled the matter for orders on 18.02.2025, while allowing the appellant to file objections if necessary.
Hearing
The Tribunal noted that a settlement has been reached between the parties and granted time for the filing of the settlement deed, adjourning the matter to 05.02.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the matter for hearing on 22.01.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for November 29, 2024.
Hearing
The Tribunal granted the appellant's counsel one week to file a vakalatnama and scheduled the appeal for a final hearing on November 6, 2024.
Hearing
The Tribunal noted the absence of the appellant and adjourned the matter to 26.09.2024 for orders or hearing.
Hearing
The Tribunal granted a request for adjournment and rescheduled the appeal for hearing/orders on 27.08.2024.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on 25.07.2024 due to the absence of both parties during the proceedings.
Hearing
The Tribunal has scheduled the appeal for a hearing on 29.04.2024 due to lack of time.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a conflict in schedule and rescheduled the hearing for April 3, 2024.
Hearing
The Tribunal granted a request for adjournment from both parties and scheduled the appeal for a final hearing on 12.03.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for hearing on 12.07.2023, while cautioning that future adjournment requests must include cogent reasons.
Hearing
The U.P. Real Estate Appellate Tribunal adjourned the appeal due to the absence of the appellant and scheduled the matter for hearing on 10.02.2023.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 23.12.2022.
Final Hearing
This text represents the header and signature block of an appellate court order from the U.P. Real Estate Appellate Tribunal, but it does not contain the substantive ruling or directive of the case.
Final Hearing
The Tribunal directed the respondent to deposit the outstanding cost amount within one week, failing which legal proceedings will be initiated under the Act.
Final Hearing
The Tribunal directed the appellant to file a replication/rejoinder and ordered the respondent to pay the outstanding cost amount to the appellant's counsel within 10 days.
Final Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal, subject to a penalty of Rs. 5,000 to be split between the Tribunal's fund and the appellant.
Final Hearing
The Tribunal granted the respondent one final opportunity to file a reply to the memo of appeal, subject to the payment of a cost of Rs. 2000/- to be split between the Tribunal fund and the appellant.
Final Hearing
The Tribunal adjourned the appeal due to the non-appearance of parties and scheduled the matter for further orders on 05.07.2022.
Final Hearing
The Tribunal directed the respondent's counsel to file a reply to the appeal and serve a copy to the appellant's counsel before the next hearing date.
Hearing
The Tribunal granted the respondent two weeks to file a Vakalatnama and objections to the appeal, while directing both parties to exchange documents via email and upload filings to the e-portal before the next hearing on 13.01.2022.
Further Order
The Tribunal issued a notice to respondent no. 2 regarding the appellant's claim that RERA improperly altered an original order during execution proceedings, and scheduled the matter for 20.12.2021.
Further Order
The Tribunal granted an application for adjournment moved by the respondent and rescheduled the case for 29.11.2021.
Hearing
The Tribunal directed the appellant's counsel to incorporate previously ordered amendments within one week and scheduled the next hearing for 08.11.2021.
Hearing
The appeal was adjourned due to lawyers abstaining from work in support of a call by the Oudh Bar Association, with the matter rescheduled for hearing on 19.03.2021.
Hearing on Appeal
The Tribunal directed the appellant's counsel to file an impleadment application to add the Regulatory Authority as a party to the case via the e-portal and physical registry within one week.
Tribunal Order #0901126010112021-03-07-2025
The Tribunal set aside the Regulatory Authority's order that modified the interest rate during execution, ruling that the Authority lacked jurisdiction to alter the original decree; consequently, the Tribunal restored the MCLR+1% interest rate and directed the respondent to execute the sublease deed within three months.
Tribunal Order #0901126010112021-05-05-2025
The Tribunal acknowledges the appellant's entitlement to delay interest from 01.01.2013 to 31.07.2015 due to delayed possession, and the matter is listed for orders on 03.07.2025 following the respondent's request to verify if interest has already been paid or adjusted.
Tribunal Order #0901126010112021-16-08-2022
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal, subject to a penalty of Rs. 5,000 to be split between the Tribunal's fund and the appellant.
Tribunal Order #0901126010112021-05-07-2022
The Tribunal granted the respondent one final opportunity to file a reply to the memo of appeal, subject to the payment of a cost of Rs. 2000/- to be split between the Tribunal fund and the appellant.
Tribunal Order #0901126010112021-10-10-2022
The Tribunal directed the respondent to deposit the outstanding cost amount within one week, failing which legal proceedings will be initiated under the Act.
Tribunal Order #0901126010112021-13-09-2022
The Tribunal directed the appellant to file a replication/rejoinder and ordered the respondent to pay the outstanding cost amount to the appellant's counsel within 10 days.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that modified the interest rate during execution, ruling that the Authority lacked jurisdiction to alter the original decree; consequently, the Tribunal restored the MCLR+1% interest rate and directed the respondent to execute the sublease deed within three months. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that modified the interest rate during execution, ruling that the Authority lacked jurisdiction to alter the original decree; consequently, the Tribunal restored the MCLR+1% interest rate and directed the respondent to execute the sublease deed within three months.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.01.2013 to 31.07.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kailash Prashad Pandey
- Amit Yadav
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (6)
The Tribunal set aside the Regulatory Authority's order that modified the interest rate during execution, ruling that the Authority lacked jurisdiction to alter the original decree; consequently, the Tribunal restored the MCLR+1% interest rate and directed the respondent to execute the sublease deed within three months.
The Tribunal acknowledges the appellant's entitlement to delay interest from 01.01.2013 to 31.07.2015 due to delayed possession, and the matter is listed for orders on 03.07.2025 following the respondent's request to verify if interest has already been paid or adjusted.
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal, subject to a penalty of Rs. 5,000 to be split between the Tribunal's fund and the appellant.
The Tribunal granted the respondent one final opportunity to file a reply to the memo of appeal, subject to the payment of a cost of Rs. 2000/- to be split between the Tribunal fund and the appellant.
The Tribunal directed the respondent to deposit the outstanding cost amount within one week, failing which legal proceedings will be initiated under the Act.
The Tribunal directed the appellant to file a replication/rejoinder and ordered the respondent to pay the outstanding cost amount to the appellant's counsel within 10 days.
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