Appellant / Complainant
Smit Gupta
Respondent
IFCI Infrastructure Development Limited(IIDL)
ifci infrastructure development limited(iidl)
₹28,08,990
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 0901126014832020 by Smit Gupta against IFCI Infrastructure Development Limited(IIDL) before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed both cross-appeals, upholding the Adjudicating Officer's order for compensation due to delay and directing the promoter to refund Preferential Location Charges if the flat has lost its preferential status. It further ordered that the promoter's pre-deposited appeal amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Exchange of pleadings
The Tribunal heard arguments from the counsel for both parties regarding grounds 1 and 2 of the appeal, after which the judgment was reserved.
Delay condonation
The Tribunal condoned the delay in filing the appeal due to the medical illnesses of the applicant and his family, imposing a cost of Rs. 600/- to be used for the Legal Representatives' Library.
Delay condonation
The Tribunal granted an adjournment request from the appellant's counsel due to illness and rescheduled the hearing for 27.04.2022.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence and rescheduled the matter for 13.04.2022 to consider a condonation of delay application.
Delay condonation
The Tribunal granted the appellant's counsel three days to file a better affidavit and directed that it be uploaded to the e-portal, subsequently listing the matter for April 1, 2022.
Delay condonation
The Tribunal granted an adjournment request from the respondent's counsel due to his absence from the station and rescheduled the case for March 21, 2022.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the case for further orders on January 11, 2022.
Hearing
The case is adjourned because the counsel for the appellant is reported to be ill; the matter is ordered to be listed along with Misc. Case No. 511/2019.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the case for hearing on 29.10.2021.
Hearing
The Tribunal ordered the case to be listed along with the record of Misc. Case No. 511/2019 on 15.04.2021.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the case for hearing alongside Misc. Case No. 511/2019 on 10.03.2021.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the matter for hearing on 23.02.2021.
Tribunal Order #0901126014832020-30-06-2022
The Tribunal dismissed both cross-appeals, upholding the Adjudicating Officer's order for compensation due to delay and directing the promoter to refund Preferential Location Charges if the flat has lost its preferential status. It further ordered that the promoter's pre-deposited appeal amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126014832020-27-04-2022
The Tribunal condoned the delay in filing the appeal due to the medical illnesses of the applicant and his family, imposing a cost of Rs. 600/- to be used for the Legal Representatives' Library.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed both cross-appeals, upholding the Adjudicating Officer's order for compensation due to delay and directing the promoter to refund Preferential Location Charges if the flat has lost its preferential status. It further ordered that the promoter's pre-deposited appeal amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed both cross-appeals, upholding the Adjudicating Officer's order for compensation due to delay and directing the promoter to refund Preferential Location Charges if the flat has lost its preferential status. It further ordered that the promoter's pre-deposited appeal amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
after 45 days till actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Waseeq Uddin Ahmed
Respondent Advocate(s)
- Anurag Arora
- Hemant Kumar
Official RERA Tribunal Orders (2)
The Tribunal dismissed both cross-appeals, upholding the Adjudicating Officer's order for compensation due to delay and directing the promoter to refund Preferential Location Charges if the flat has lost its preferential status. It further ordered that the promoter's pre-deposited appeal amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal condoned the delay in filing the appeal due to the medical illnesses of the applicant and his family, imposing a cost of Rs. 600/- to be used for the Legal Representatives' Library.
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