Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Rajender Kumar Vinayak
₹3,64,009
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 0901126013742020 by Greater Noida Industrial Development Authority against Rajender Kumar Vinayak before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed seven appeals filed by the Greater Noida Industrial Development Authority (GNIDA), upholding the Regulatory Authority's orders for delay compensation and directing the transfer of GNIDA's pre-deposited funds to U.P. RERA for distribution to allottees.
For Order
The Tribunal heard arguments regarding the appeals against a Regulatory Authority order concerning possession delays and interest penalties, but reserved judgment for a later date.
For Order
The Tribunal has ordered the appeal to be listed for a hearing on 01.04.2024.
For Order
The Tribunal noted the absence of the appellant's counsel and scheduled the appeal for orders/hearing on February 29, 2024.
For Order
The Tribunal noted the respondent's absence and ordered that the appeal proceed ex-parte, scheduling the next hearing for 24.07.2023.
For Order
The Tribunal directed the Registry to convert the matter from a Miscellaneous Case into a Regular Appeal as previously ordered and scheduled the next hearing for 04.07.2023.
For Order
The Tribunal noted that the counsel for the applicant was on sanctioned leave and adjourned the matter to 26.04.2023 for orders.
Delay condonation
The Tribunal granted a request for adjournment due to the illness of the counsel for the appellant and rescheduled the case for orders on 16.03.2023.
Delay condonation
The Tribunal scheduled the case for 06.02.2023 to consider an application for condonation of delay and noted that if the respondent fails to appear, the matter will be decided based on their previously filed objections.
Delay condonation
The Tribunal directed the matter to proceed ex-parte against the respondent due to their failure to appear despite sufficient service of notice and in accordance with the statutory mandate for timely disposal under Section 44(5) of the Act.
Delay condonation
The Tribunal has scheduled the case for a hearing on December 1, 2022.
For Order
The Tribunal adjourned the proceedings due to the respondent's repeated absence and scheduled the matter for hearing on 02.11.2022, warning that the case may proceed ex-parte if the respondent fails to appear.
Delay condonation
The Tribunal condoned the approximately 90-day delay in filing the appeal by the Greater Noida Industrial Development Authority, citing COVID-19 related relaxations granted by the Supreme Court, and directed the registry to register the case as a regular appeal.
Hearing
The Tribunal directed the appellant's counsel to file a replication or rejoinder to the respondent's reply and serve it via email before the next hearing on 25.08.2022.
Hearing
The Tribunal directed the appellant to file a replication against the respondent's reply and scheduled the next hearing for July 8, 2022.
Hearing
The Tribunal granted the respondent a final opportunity to file objections to the limitation application and scheduled the matter for April 29, 2022, for disposal of said application.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on March 23, 2022.
Delay condonation
The Tribunal granted an adjournment requested by the applicant and rescheduled the case to 12.01.2022 for consideration of the application for condonation of delay.
Delay condonation
The Tribunal adjourned the matter to 21.12.2021 for the disposal of a limitation application and its objection, noting that while notice was served on the respondent, they failed to appear.
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 granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on the application for condonation of delay on 26.10.2021.
For Order
The Tribunal adjourned the defective appeal due to an advocates' strike and directed the parties to exchange pleadings before the next hearing on 16.03.2021.
Compliance of section 43(5)
The Tribunal directed the issuance of notice to the respondent regarding the application for condonation of delay and set a timeline for the exchange of objections and replies via email.
Tribunal Order #0901126013742020-01-12-2022
The Tribunal directed the matter to proceed ex-parte against the respondent due to their failure to appear despite sufficient service of notice and in accordance with the statutory mandate for timely disposal under Section 44(5) of the Act.
Tribunal Order #0901126013742020-29-05-2024
The U.P. Real Estate Appellate Tribunal dismissed seven appeals filed by the Greater Noida Industrial Development Authority (GNIDA), upholding the Regulatory Authority's orders for delay compensation and directing the transfer of GNIDA's pre-deposited funds to U.P. RERA for distribution to allottees.
Tribunal Order #0901126013742020-26-04-2023
The Tribunal directed the Registry to convert the matter from a Miscellaneous Case into a Regular Appeal as previously ordered and scheduled the next hearing for 04.07.2023.
Tribunal Order #0901126013742020-25-08-2022
The Tribunal condoned the approximately 90-day delay in filing the appeal by the Greater Noida Industrial Development Authority, citing COVID-19 related relaxations granted by the Supreme Court, and directed the registry to register the case as a regular appeal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed seven appeals filed by the Greater Noida Industrial Development Authority (GNIDA), upholding the Regulatory Authority's orders for delay compensation and directing the transfer of GNIDA's pre-deposited funds to U.P. RERA for distribution to allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed seven appeals filed by the Greater Noida Industrial Development Authority (GNIDA), upholding the Regulatory Authority's orders for delay compensation and directing the transfer of GNIDA's pre-deposited funds to U.P. RERA for distribution to allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 19.09.2017 till 10.07.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- In Person
Official RERA Tribunal Orders (4)
The Tribunal directed the matter to proceed ex-parte against the respondent due to their failure to appear despite sufficient service of notice and in accordance with the statutory mandate for timely disposal under Section 44(5) of the Act.
The U.P. Real Estate Appellate Tribunal dismissed seven appeals filed by the Greater Noida Industrial Development Authority (GNIDA), upholding the Regulatory Authority's orders for delay compensation and directing the transfer of GNIDA's pre-deposited funds to U.P. RERA for distribution to allottees.
The Tribunal directed the Registry to convert the matter from a Miscellaneous Case into a Regular Appeal as previously ordered and scheduled the next hearing for 04.07.2023.
The Tribunal condoned the approximately 90-day delay in filing the appeal by the Greater Noida Industrial Development Authority, citing COVID-19 related relaxations granted by the Supreme Court, and directed the registry to register the case as a regular appeal.
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