Appellant / Complainant
Mohit Kumar Mishra
Respondent
Greater Noida Industrial Development Authority
₹5,18,895
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 0901126015792020 by Mohit Kumar Mishra against Greater Noida Industrial Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Final Hearing
The appellant is challenging a RERA order that granted possession instead of the requested refund due to cost enhancements and delays; however, the Tribunal has reserved its judgment following arguments from both parties.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 03.08.2022, to be heard alongside Appeal No. 129/2020.
Final Hearing
The Tribunal directed the respondent to file objections within 10 days and provide a soft copy to the appellant, warning that failure to do so by the next hearing date will result in the forfeiture of their opportunity to file objections.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 25.05.2022.
Final Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for April 21, 2022.
Final Hearing
The Tribunal directed the Registry to verify and upload the respondent's objection to the e-portal and scheduled the appeal for a hearing on 21.01.2022.
Final Hearing
The Tribunal directed the Registry to locate and upload the respondent's objections and granted the appellant 10 days to file a reply before the next hearing on 06.01.2022.
Final Hearing
The Tribunal granted an adjournment to the respondent due to bereavement but imposed a strict two-week deadline for filing objections, failing which the right to file will be forfeited.
Hearing
The Tribunal directed the parties to exchange objections and replies via email and upload pleadings to the e-portal, scheduling the matter to be heard alongside Appeal No. 129/2020 on 17.11.2021.
Hearing
The Tribunal granted the respondent one final opportunity to file a reply to the grounds of appeal and directed that a copy be sent to the appellant via email, adjourning the matter to 26.10.2021.
Hearing
The Tribunal granted the respondent a final 15-day opportunity to file its reply to the grounds of appeal and scheduled the matter for hearing on 13.04.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to the unavailability of the lead counsel and rescheduled the hearing for 22.03.2021.
Tribunal Order #0901126015792020-28-09-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Tribunal Order #0901126015792020-03-08-2022
The appellant is challenging a RERA order that granted possession instead of the requested refund due to cost enhancements and delays; however, the Tribunal has reserved its judgment following arguments from both parties.
Tribunal Order #0901126015792020-17-11-2021
The Tribunal granted an adjournment to the respondent due to bereavement but imposed a strict two-week deadline for filing objections, failing which the right to file will be forfeited.
Tribunal Order #0901126015792020-25-05-2022
The Tribunal directed the respondent to file objections within 10 days and provide a soft copy to the appellant, warning that failure to do so by the next hearing date will result in the forfeiture of their opportunity to file objections.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit till the refund of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vibhanshu Srivastava
Respondent Advocate(s)
- Rajesh Chadha
Official RERA Tribunal Orders (4)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to refund the appellant's entire deposited amount with interest at the rate of MCLR+1% per annum from the date of deposit until the date of refund.
The appellant is challenging a RERA order that granted possession instead of the requested refund due to cost enhancements and delays; however, the Tribunal has reserved its judgment following arguments from both parties.
The Tribunal granted an adjournment to the respondent due to bereavement but imposed a strict two-week deadline for filing objections, failing which the right to file will be forfeited.
The Tribunal directed the respondent to file objections within 10 days and provide a soft copy to the appellant, warning that failure to do so by the next hearing date will result in the forfeiture of their opportunity to file objections.
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