Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Kanya Lal Bhat
₹2,62,220
Respondent
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 0901126013732020 by Greater Noida Industrial Development Authority against Kanya Lal Bhat before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order for the payment of delay interest at MCLR+1% to the respondent and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Further Hearing
The Tribunal condoned the delay in filing the appeal based on Supreme Court extension orders, accepted the deposited amount as sufficient compliance under Section 43(5), and converted the defective appeal into a regular appeal to proceed with arguments regarding interest calculations.
Further Hearing
Upon the joint request of the counsels for both parties, the court has ordered that the Misc. Case regarding the application for condonation of delay be listed for hearing/orders on 08.05.2024.
Further Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 05.04.2024.
Further Hearing
The Tribunal adjourned the matter to 01.03.2024 because the respondent's counsel was reported to be ill.
Further Hearing
The Tribunal directed the Appellant (GNIDA) to produce records regarding the application for and issuance of the Occupancy/Completion Certificate (OC/CC), specifically addressing whether certificates can be issued with backdated effective dates.
Further Hearing
The case is adjourned to 17.05.2023 for orders/hearing due to the illness of the respondent's counsel.
Delay condonation
The Tribunal granted the applicant 10 days to file a reply to the respondent's objections and directed them to provide a soft copy of said reply via email. The matter is scheduled for orders on 21.04.2023.
Delay condonation
The Tribunal granted an adjournment request from the appellant's counsel due to medical reasons and rescheduled the matter for hearing on 15.03.2023.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for consideration of the application for condonation of delay to 07.02.2023.
Delay condonation
The Tribunal adjourned the matter and scheduled the case for further orders on January 9, 2023.
Delay condonation
The Tribunal granted the respondent a last opportunity to file objections regarding the amount deposited under Section 43(5) of the Act, warning that failure to do so will result in proceeding according to the provisions of the Act.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and directed the appellant to file a replication/rejoinder before the next hearing date of 02.11.2022.
Delay condonation
The Tribunal directed the applicant to deposit the remaining amount required under Section 43(5) of the Act and submit necessary NOCs from various departments, including Fire Safety and Electricity, before the next hearing.
Hearing
The Tribunal directed the Greater Noida Industrial Development Authority to file a valid Occupancy Certificate/Completion Certificate (OC/CC) as per Section 43(5) of the Act, along with an affidavit from a concerned officer, because the previously submitted documents were deemed insufficient.
Hearing
The Tribunal directed the appellant to submit the Occupancy Certificate (OC) or Completion Certificate (CC) within 10 days, noting that the determination of the deposit amount required under Section 43(5) of the Act is contingent upon the submission of these documents.
Hearing
The Tribunal granted the applicant a final opportunity to deposit the remaining amount required under Section 43(5) of the Act along with a revised CA certificate.
Delay condonation
The Tribunal addressed a dispute regarding the calculation period for interest under Section 43(5) of the Act, specifically whether an offer of possession without OC/CC is legally valid, and granted the applicant 10 days to examine the issue.
Delay condonation
The Tribunal scheduled the case for 12.01.2022 to consider an application for condonation of delay and the respondent's objection thereto.
Delay condonation
The Tribunal has scheduled the case for 21.12.2021 to address and dispose of the limitation application and any filed objections.
Delay condonation
The Tribunal granted an application for adjournment and rescheduled the case to 24.11.2021 for the disposal of a limitation application and objections.
Delay condonation
The Tribunal adjourned the case to 26.10.2021 and directed the parties to exchange pleadings and file originals in the Registry at least one week before the next hearing.
For Order
The Tribunal adjourned the defective appeal due to an advocates' strike by the Oudh Bar Association and directed the parties to exchange pleadings before the next hearing on 16.03.2021.
Tribunal Order #0901126013732020-15-05-2024
The Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order for the payment of delay interest at MCLR+1% to the respondent and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Tribunal Order #0901126013732020-08-05-2024
The Tribunal condoned the delay in filing the appeal based on Supreme Court extension orders, accepted the deposited amount as sufficient compliance under Section 43(5), and converted the defective appeal into a regular appeal to proceed with arguments regarding interest calculations.
Tribunal Order #0901126013732020-02-11-2022
The Tribunal granted the respondent a last opportunity to file objections regarding the amount deposited under Section 43(5) of the Act, warning that failure to do so will result in proceeding according to the provisions of the Act.
Tribunal Order #0901126013732020-11-07-2022
The Tribunal directed the Greater Noida Industrial Development Authority to file a valid Occupancy Certificate/Completion Certificate (OC/CC) as per Section 43(5) of the Act, along with an affidavit from a concerned officer, because the previously submitted documents were deemed insufficient.
Tribunal Order #0901126013732020-23-03-2022
The Tribunal granted the applicant a final opportunity to deposit the remaining amount required under Section 43(5) of the Act along with a revised CA certificate.
Tribunal Order #0901126013732020-18-09-2023
The Tribunal directed the Appellant (GNIDA) to produce records regarding the application for and issuance of the Occupancy/Completion Certificate (OC/CC), specifically addressing whether certificates can be issued with backdated effective dates.
Tribunal Order #0901126013732020-25-08-2022
The Tribunal directed the applicant to deposit the remaining amount required under Section 43(5) of the Act and submit necessary NOCs from various departments, including Fire Safety and Electricity, before the next hearing.
Tribunal Order #0901126013732020-29-04-2022
The Tribunal directed the appellant to submit the Occupancy Certificate (OC) or Completion Certificate (CC) within 10 days, noting that the determination of the deposit amount required under Section 43(5) of the Act is contingent upon the submission of these documents.
Tribunal Order #0901126013732020-22-02-2022
The Tribunal addressed a dispute regarding the calculation period for interest under Section 43(5) of the Act, specifically whether an offer of possession without OC/CC is legally valid, and granted the applicant 10 days to examine the issue.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order for the payment of delay interest at MCLR+1% to the respondent and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order for the payment of delay interest at MCLR+1% to the respondent and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from 30.01.2017 till OC/CC or date of offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- Tushar Bahadur
Official RERA Tribunal Orders (9)
The Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the Regulatory Authority's order for the payment of delay interest at MCLR+1% to the respondent and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
The Tribunal condoned the delay in filing the appeal based on Supreme Court extension orders, accepted the deposited amount as sufficient compliance under Section 43(5), and converted the defective appeal into a regular appeal to proceed with arguments regarding interest calculations.
The Tribunal granted the respondent a last opportunity to file objections regarding the amount deposited under Section 43(5) of the Act, warning that failure to do so will result in proceeding according to the provisions of the Act.
The Tribunal directed the Greater Noida Industrial Development Authority to file a valid Occupancy Certificate/Completion Certificate (OC/CC) as per Section 43(5) of the Act, along with an affidavit from a concerned officer, because the previously submitted documents were deemed insufficient.
The Tribunal granted the applicant a final opportunity to deposit the remaining amount required under Section 43(5) of the Act along with a revised CA certificate.
The Tribunal directed the Appellant (GNIDA) to produce records regarding the application for and issuance of the Occupancy/Completion Certificate (OC/CC), specifically addressing whether certificates can be issued with backdated effective dates.
The Tribunal directed the applicant to deposit the remaining amount required under Section 43(5) of the Act and submit necessary NOCs from various departments, including Fire Safety and Electricity, before the next hearing.
The Tribunal directed the appellant to submit the Occupancy Certificate (OC) or Completion Certificate (CC) within 10 days, noting that the determination of the deposit amount required under Section 43(5) of the Act is contingent upon the submission of these documents.
The Tribunal addressed a dispute regarding the calculation period for interest under Section 43(5) of the Act, specifically whether an offer of possession without OC/CC is legally valid, and granted the applicant 10 days to examine the issue.
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