Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Priyanka Malik
₹25,25,700
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 0901126015752020 by Greater Noida Industrial Development Authority against Priyanka Malik before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeals filed by the Greater Noida Industrial Development Authority, upholding the Regulatory Authority's orders for possession and payment of delay interest to the allottees, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement during execution proceedings.
For Order
The Tribunal heard arguments regarding an appeal by GNIDA concerning interest penalties for delayed possession and the validity of a possession offer made prior to the issuance of the Occupancy Certificate (OC/CC).
For Order
The Tribunal allowed the appellant's application to place additional documents on record to establish illegality and perversity in the impugned order. The case is scheduled for orders/hearing on 04.07.2023.
For Order
The court granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for orders on 23.05.2023.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 17.04.2023.
Exchange of pleadings
The Tribunal adjourned the proceedings due to the illness of both counsels representing the appellant and rescheduled the matter for orders on 02.03.2023.
Exchange of pleadings
The Tribunal has adjourned the appeal to 30.01.2023 for further orders upon the request of the counsels for both parties.
Exchange of pleadings
The Tribunal allowed an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 20.12.2022.
Exchange of pleadings
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the appeal for a final hearing on 25.11.2022.
Exchange of pleadings
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for September 15, 2022.
Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the case for hearing on 18.08.2022.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal within one week and scheduled the next hearing for July 8, 2022.
Hearing
The Tribunal directed the respondent to file a reply to the grounds of appeal and serve a copy to the appellant before the next hearing date on 28.04.2022.
Delay condonation
The Tribunal dismissed the application for condonation of delay as no delay was found and directed the Registry to convert the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements.
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 case to 21.12.2021 for the disposal of a limitation application and its objection, noting that while notice was served on the respondent, no one appeared on their behalf.
Delay condonation
The Tribunal granted an application for adjournment and rescheduled the case to 24.11.2021 for the disposal of the limitation application and objections.
Delay condonation
The Tribunal directed the respondent to file objections to the condonation of delay application and grounds of appeal within two weeks, while instructing parties to upload pleadings to the e-portal.
For Order
The Tribunal adjourned the defective appeal to 16.03.2021 due to an advocate strike and directed the parties to exchange pleadings in the interim.
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 #0901126015752020-23-05-2023
The Tribunal allowed the appellant's application to place additional documents on record to establish illegality and perversity in the impugned order. The case is scheduled for orders/hearing on 04.07.2023.
Tribunal Order #0901126015752020-22-02-2022
The Tribunal dismissed the application for condonation of delay as no delay was found and directed the Registry to convert the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements.
Tribunal Order #0901126015752020-17-07-2023
The Appellate Tribunal dismissed the appeals filed by the Greater Noida Industrial Development Authority, upholding the Regulatory Authority's orders for possession and payment of delay interest to the allottees, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement during execution proceedings.
Tribunal Order #0901126015752020-04-07-2023
The Tribunal heard arguments regarding an appeal by GNIDA concerning interest penalties for delayed possession and the validity of a possession offer made prior to the issuance of the Occupancy Certificate (OC/CC).
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeals filed by the Greater Noida Industrial Development Authority, upholding the Regulatory Authority's orders for possession and payment of delay interest to the allottees, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeals filed by the Greater Noida Industrial Development Authority, upholding the Regulatory Authority's orders for possession and payment of delay interest to the allottees, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 30.01.2017 till the date of offer of possession i.e. 21.06.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- Ankit Raj Chaudhary
- Mahima Pahwa
Official RERA Tribunal Orders (4)
The Tribunal allowed the appellant's application to place additional documents on record to establish illegality and perversity in the impugned order. The case is scheduled for orders/hearing on 04.07.2023.
The Tribunal dismissed the application for condonation of delay as no delay was found and directed the Registry to convert the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements.
The Appellate Tribunal dismissed the appeals filed by the Greater Noida Industrial Development Authority, upholding the Regulatory Authority's orders for possession and payment of delay interest to the allottees, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement during execution proceedings.
The Tribunal heard arguments regarding an appeal by GNIDA concerning interest penalties for delayed possession and the validity of a possession offer made prior to the issuance of the Occupancy Certificate (OC/CC).
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