Appellant / Complainant
Payal Mehrotra
Respondent
Cloud 9 Projects Pvt. Ltd.
cloud 9 projects pvt. ltd.
₹89,35,343
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 0901126010222020 by Payal Mehrotra against Cloud 9 Projects Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal modified the previous order to direct the respondent to pay delay interest on the deposited amount of Rs. 89,35,343 at the rate of SBI's MCLR+1% per annum for the period from 29.09.2015 to 25.07.2020.
Hearing
The Tribunal heard arguments from the appellant's counsel in an ex parte proceeding against the respondent and subsequently reserved the judgment.
Hearing
The Tribunal noted that the appellant complied with a previous order by placing the agreement on record and adjourned the matter to 03.08.2023 at the request of the appellant's counsel.
Hearing
The Tribunal granted both parties 10 days to place necessary documents on record, including the allotment letter and proof of possession date, and scheduled the next hearing for July 4, 2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 24.04.2023.
Re-Hearing
The Tribunal heard arguments from the appellant's counsel regarding the respondent's status and subsequently reserved the judgment for further consideration.
Part Heard
The Tribunal heard arguments regarding an appeal concerning unpaid interest/compensation and subsequently reserved the judgment for future pronouncement.
Further Order
The Tribunal noted the absence of the respondent and ordered the appeal to be listed on 06.01.2022 for an ex-parte hearing.
Delay condonation
The Tribunal condoned a 56-day delay in filing the appeal and directed the matter to be converted into a Regular Appeal for hearing on merits.
Delay condonation
The Tribunal proceeded ex-parte against the respondent due to non-appearance despite newspaper publication and granted the appellant one week to file a better affidavit regarding the condonation of delay.
Delay condonation
The Tribunal adjourned the matter to 24.09.2021 and granted the respondent permission to file objections to the application for condonation of delay and the grounds of appeal.
For Order
The Tribunal deemed the newspaper publication of notices as sufficient service to the respondent and ordered that if no one appears at the next hearing on 06.04.2021, the matter will proceed ex-parte against them.
Hearing
The case was dismissed for want of prosecution as the appellant failed to appear or request an adjournment.
Delay condonation
The Tribunal allowed the applicant's request to publish a notice of proceedings in two newspapers (one Hindi and one English) because the respondent could not be reached via post or email.
Tribunal Order #0901126010222020-08-08-2023
The Tribunal modified the previous order to direct the respondent to pay delay interest on the deposited amount of Rs. 89,35,343 at the rate of SBI's MCLR+1% per annum for the period from 29.09.2015 to 25.07.2020.
Tribunal Order #0901126010222020-07-10-2021
The Tribunal condoned a 56-day delay in filing the appeal and directed the matter to be converted into a Regular Appeal for hearing on merits.
Tribunal Order #0901126010222020-09-03-2021
The Tribunal deemed the newspaper publication of notices as sufficient service to the respondent and ordered that if no one appears at the next hearing on 06.04.2021, the matter will proceed ex-parte against them.
Tribunal Order #0901126010222020-03-08-2023
The Tribunal heard arguments from the appellant's counsel in an ex parte proceeding against the respondent and subsequently reserved the judgment.
Tribunal Order #0901126010222020-24-09-2021
The Tribunal proceeded ex-parte against the respondent due to non-appearance despite newspaper publication and granted the appellant one week to file a better affidavit regarding the condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the previous order to direct the respondent to pay delay interest on the deposited amount of Rs. 89,35,343 at the rate of SBI's MCLR+1% per annum for the period from 29.09.2015 to 25.07.2020. Awarded in favor of Appellant. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the previous order to direct the respondent to pay delay interest on the deposited amount of Rs. 89,35,343 at the rate of SBI's MCLR+1% per annum for the period from 29.09.2015 to 25.07.2020.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from 29.09.2015 to 25.07.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rahul Kumar
Respondent Advocate(s)
- Rahul Kumar
Official RERA Tribunal Orders (5)
The Tribunal modified the previous order to direct the respondent to pay delay interest on the deposited amount of Rs. 89,35,343 at the rate of SBI's MCLR+1% per annum for the period from 29.09.2015 to 25.07.2020.
The Tribunal condoned a 56-day delay in filing the appeal and directed the matter to be converted into a Regular Appeal for hearing on merits.
The Tribunal deemed the newspaper publication of notices as sufficient service to the respondent and ordered that if no one appears at the next hearing on 06.04.2021, the matter will proceed ex-parte against them.
The Tribunal heard arguments from the appellant's counsel in an ex parte proceeding against the respondent and subsequently reserved the judgment.
The Tribunal proceeded ex-parte against the respondent due to non-appearance despite newspaper publication and granted the appellant one week to file a better affidavit regarding the condonation of delay.
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