Appellant / Complainant
Neeraj Kumar Srivastava
Respondent
Dhanya Promoters Private Limited (Mahagun Group)
dhanya promoters private limited
₹36,02,242
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 0901126010962024 by Neeraj Kumar Srivastava against Dhanya Promoters Private Limited (Mahagun Group) before up_rera.
Hearing
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made following the receipt of a lawful Occupancy Certificate/Completion Certificate (OC/CC) supported by all necessary NOCs.
Hearing
The Tribunal ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous order to dispose of the delay condonation application ex parte.
Delay condonation
The Tribunal allowed the appellant's application to condone a 165-day delay in filing the appeal due to the appellant's residency in Dubai and logistical difficulties with affidavit verification. Consequently, the registry was directed to convert the defective appeal into a regular appeal and list it for hearing on January 3, 2025.
Delay condonation
The Tribunal has scheduled a defective appeal for consideration on 11.11.2024 to address applications for condonation of delay and ex-parte hearing.
Delay condonation
The Tribunal noted that the matter has proceeded ex-parte against the respondent and granted the appellant time to provide proof regarding the delay in filing the appeal due to issues obtaining a certified copy.
Delay condonation
The Tribunal proceeded ex parte against the respondents due to their failure to appear despite sufficient notice, and scheduled the matter for orders on 29.08.2024.
Delay condonation
The Tribunal deemed service of notice sufficient and granted the respondent a final 10-day extension to file objections, warning that failure to comply will result in ex parte proceedings.
Delay condonation
The Tribunal granted the appellant's counsel one week to file an affidavit of service and scheduled the defective appeal for further orders on 22.07.2024.
Delay condonation
The Tribunal disposed of an application for listing and issued notice to the respondents regarding a delayed appeal, scheduling the next hearing for May 22, 2024.
Tribunal Order #0901126010962024-05-02-2025
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made following the receipt of a lawful Occupancy Certificate/Completion Certificate (OC/CC) supported by all necessary NOCs.
Tribunal Order #0901126010962024-03-01-2025
The Tribunal ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous order to dispose of the delay condonation application ex parte.
Tribunal Order #0901126010962024-11-11-2024
The Tribunal allowed the appellant's application to condone a 165-day delay in filing the appeal due to the appellant's residency in Dubai and logistical difficulties with affidavit verification. Consequently, the registry was directed to convert the defective appeal into a regular appeal and list it for hearing on January 3, 2025.
Tribunal Order #0901126010962024-27-08-2024
The Tribunal proceeded ex parte against the respondents due to their failure to appear despite sufficient notice, and scheduled the matter for orders on 29.08.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made following the receipt of a lawful Occupancy Certificate/Completion Certificate (OC/CC) supported by all necessary NOCs. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made following the receipt of a lawful Occupancy Certificate/Completion Certificate (OC/CC) supported by all necessary NOCs.
Ruling Awarded To
Appellant
Interest Period
from 08.06.2018 till valid offer of possession is made by the respondent promoter after obtaining OC/CC or till the date of handing over of physical possession of the unit, whichever, is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nirmit Srivastav
- Srajak Srivastava
Official RERA Tribunal Orders (4)
The Tribunal allowed the appeal, ruling that the appellant is entitled to delay interest until a valid offer of possession is made following the receipt of a lawful Occupancy Certificate/Completion Certificate (OC/CC) supported by all necessary NOCs.
The Tribunal ordered that the appeal shall proceed ex parte against the respondents due to their non-appearance, following a previous order to dispose of the delay condonation application ex parte.
The Tribunal allowed the appellant's application to condone a 165-day delay in filing the appeal due to the appellant's residency in Dubai and logistical difficulties with affidavit verification. Consequently, the registry was directed to convert the defective appeal into a regular appeal and list it for hearing on January 3, 2025.
The Tribunal proceeded ex parte against the respondents due to their failure to appear despite sufficient notice, and scheduled the matter for orders on 29.08.2024.
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