Appellant / Complainant
Yamuna Expressway Industrial Development Authority
Respondent
Madan Mohan Gupta
₹61,000
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 0901126015652020 by Yamuna Expressway Industrial Development Authority against Madan Mohan Gupta before up_rera.
Hearing
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction for interest on delay, ruling that such relief was granted beyond the scope of the original pleadings and prayers. The order upheld the requirement for the promoter to provide possession with all promised amenities and directed the release of the appellant's pre-deposit via RTGS.
Hearing
The Tribunal granted the appellant 24 hours to upload an online complaint and scheduled the matter for an ex-parte hearing against the respondent on 25.09.2023.
Hearing
The Tribunal noted the absence of the appellant and determined that this case is not similar to the group of 'Yamuna Expressway Industrial Authority' matters previously scheduled for hearing; consequently, the matter is listed for orders on 23.08.2023.
Hearing
The Tribunal ordered the appeal to be listed on 31.07.2023 along with similar matters involving the M/s. Yamuna Expressway Industrial Development Authority.
Hearing
The Tribunal has rescheduled the appeal for orders to 23.05.2023, noting that similar matters are listed on the same date.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-261/2020 to 22.03.2023.
Hearing
The court granted an adjournment requested by the appellant's counsel due to a bereavement in the family and rescheduled the ex-parte hearing for 24.01.2023.
For Order
Due to the respondent's failure to appear despite sufficient service, the Tribunal directed that the appeal proceed ex-parte against the respondent and scheduled an ex-parte hearing for 16.12.2022.
For Order
The Tribunal has scheduled the appeal for orders or hearing on November 3, 2022.
For Order
The Tribunal noted that the appeal was wrongly listed for the current day and directed the Registry to relist the matter for orders on the previously scheduled date of 28.09.2022.
For Order
The Tribunal ruled that service of notice on the respondent was sufficient based on postal and email records, and granted the respondent 10 days to file objections before proceeding ex-parte.
Notice
The Tribunal granted the appellant three days to file the postal department's track record to prove service of notice and scheduled the matter for orders on 31.08.2022.
Notice
The Tribunal granted the appellant's request to issue fresh notice to the respondent due to a lost postal receipt and directed specific procedures for service via speed-post and email before the next hearing on 29.07.2022.
For Order
The Tribunal acknowledges the appellant's deposit of previously imposed costs and issues notice to the respondent, providing specific instructions for the service of appeal documents and timelines for filing objections.
For Order
The Tribunal granted an adjournment requested via email by the appellant's counsel but issued a warning that future adjournment requests must be uploaded through the official e-portal.
Further Order
The Tribunal imposed an additional cost of Rs. 1,000 on the appellant for failing to deposit previously mandated costs and directed that the amount be recovered from the responsible official's salary if not paid before the next hearing.
Hearing
The Tribunal condoned a 170-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 2,000 into the Tribunal's fund, citing the COVID-19 pandemic and administrative delays.
Hearing
The Tribunal granted an adjournment request made by the appellant's counsel due to illness and rescheduled the hearing for 20.01.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for consideration of the delay condonation application to 03.01.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the case for December 23, 2021, to consider the application for condonation of delay.
Delay condonation
The Tribunal noted that the respondent failed to appear and ordered the case to be listed before Bench No. 1 for an ex-parte hearing on 17.11.2021.
Compliance of section 43(5)
The Tribunal granted a final two-week opportunity to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that failure to appear or file will result in ex parte proceedings.
Compliance of section 43(5)
The Tribunal granted an adjournment due to counsel's illness but directed the applicant to ensure complete compliance with Section 43(5) of the Act of 2016 before the next hearing on 12.04.2021.
For Order
The Tribunal granted the appellant a one-week extension to ensure complete compliance with Section 43(5) of the Act and scheduled the defective appeal for hearing on 16.03.2021.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and grounds of appeal, and scheduled the next hearing for 23.02.2021.
Tribunal Order #0901126015652020-25-09-2023
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction for interest on delay, ruling that such relief was granted beyond the scope of the original pleadings and prayers. The order upheld the requirement for the promoter to provide possession with all promised amenities and directed the release of the appellant's pre-deposit via RTGS.
Tribunal Order #0901126015652020-03-03-2022
The Tribunal condoned a 170-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 2,000 into the Tribunal's fund, citing the COVID-19 pandemic and administrative delays.
Tribunal Order #0901126015652020-24-09-2021
The Tribunal granted a final two-week opportunity to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that failure to appear or file will result in ex parte proceedings.
Tribunal Order #0901126015652020-02-12-2022
Due to the respondent's failure to appear despite sufficient service, the Tribunal directed that the appeal proceed ex-parte against the respondent and scheduled an ex-parte hearing for 16.12.2022.
Tribunal Order #0901126015652020-21-04-2022
The Tribunal imposed an additional cost of Rs. 1,000 on the appellant for failing to deposit previously mandated costs and directed that the amount be recovered from the responsible official's salary if not paid before the next hearing.
Tribunal Order #0901126015652020-16-03-2021
The Tribunal granted an adjournment due to counsel's illness but directed the applicant to ensure complete compliance with Section 43(5) of the Act of 2016 before the next hearing on 12.04.2021.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction for interest on delay, ruling that such relief was granted beyond the scope of the original pleadings and prayers. The order upheld the requirement for the promoter to provide possession with all promised amenities and directed the release of the appellant's pre-deposit via RTGS. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction for interest on delay, ruling that such relief was granted beyond the scope of the original pleadings and prayers. The order upheld the requirement for the promoter to provide possession with all promised amenities and directed the release of the appellant's pre-deposit via RTGS.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 16.01.2018 till offering of physical possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prashant Kumar Singh
Official RERA Tribunal Orders (6)
The Tribunal partially allowed the appeal by setting aside the Regulatory Authority's direction for interest on delay, ruling that such relief was granted beyond the scope of the original pleadings and prayers. The order upheld the requirement for the promoter to provide possession with all promised amenities and directed the release of the appellant's pre-deposit via RTGS.
The Tribunal condoned a 170-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 2,000 into the Tribunal's fund, citing the COVID-19 pandemic and administrative delays.
The Tribunal granted a final two-week opportunity to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that failure to appear or file will result in ex parte proceedings.
Due to the respondent's failure to appear despite sufficient service, the Tribunal directed that the appeal proceed ex-parte against the respondent and scheduled an ex-parte hearing for 16.12.2022.
The Tribunal imposed an additional cost of Rs. 1,000 on the appellant for failing to deposit previously mandated costs and directed that the amount be recovered from the responsible official's salary if not paid before the next hearing.
The Tribunal granted an adjournment due to counsel's illness but directed the applicant to ensure complete compliance with Section 43(5) of the Act of 2016 before the next hearing on 12.04.2021.
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