Appellant / Complainant
Rashmi Dixit
Respondent
Ghaziabad Development Authority
₹61,96,960
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 0901126016032020 by Rashmi Dixit against Ghaziabad Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the RERA Authority's order and directed the Ghaziabad Development Authority to refund the appellant's entire deposited amount with interest at the rate of SBI MCLR + 1% per annum due to failure to deliver possession.
Hearing
The appellant is challenging the Regulatory Authority's decision to direct possession instead of a refund, arguing that the respondent failed to provide possession despite the appellant clearing all dues and taxes.
Hearing
The Tribunal noted that the appeal was wrongly listed for the current date and ordered it to be listed for hearing on its previously scheduled date of 06.07.2023.
Hearing
The Tribunal adjourned the proceedings and scheduled the appeal for a hearing on 06.07.2023 following the exchange of pleadings.
Hearing
The Tribunal recorded that no time remained for the hearing and ordered the appeal to be listed on 09.02.2023.
Final Hearing
The Tribunal heard arguments regarding the appellant's challenge to a Regulatory Authority order and has reserved judgment after directing parties to file written submissions within 20 days.
Final Hearing
The Tribunal directed both counsels to file a list of dates, events, and relied-upon cases, and scheduled the matter for hearing on 13.04.2022.
Final Hearing
The Tribunal adjourned the case due to counsel illness and directed the Respondent (GDA) to upload a better copy of the completion certificate within one week as previously ordered.
Final Hearing
The Tribunal directed the Registry to process a pending application for taking documents on record and adjourned the appeal to 03.01.2022 upon the joint request of both parties.
Final Hearing
The respondent's counsel agreed to file a Completion Certificate during the day, and the appeal was rescheduled for a final hearing on December 23, 2021.
Hearing
The Tribunal directed the respondent (Ghaziabad Development Authority) to comply with a previous order by placing a clear and legible copy of the OC/CC on record and providing it to the appellant via email before the next hearing.
Hearing
The Tribunal directed the respondent to file a legible copy of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project and to email it to the appellant before the next hearing.
Hearing
The Tribunal granted a final opportunity to the Ghaziabad Development Authority to file an affidavit regarding the status of OC/CC, warning that the right to present such documents would be closed if not complied with.
Hearing
The Tribunal directed the respondent to file an affidavit within one week specifying the date of issuance of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project in question to examine the validity of the previous RERA order.
Hearing
On the joint request of the counsels for both parties, the appeal has been adjourned and listed for hearing on 08.03.2021.
Tribunal Order #0901126016032020-22-09-2021
The Tribunal directed the respondent to file a legible copy of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project and to email it to the appellant before the next hearing.
Tribunal Order #0901126016032020-17-07-2023
The Tribunal set aside the RERA Authority's order and directed the Ghaziabad Development Authority to refund the appellant's entire deposited amount with interest at the rate of SBI MCLR + 1% per annum due to failure to deliver possession.
Tribunal Order #0901126016032020-06-07-2023
The appellant is challenging the Regulatory Authority's decision to direct possession instead of a refund, arguing that the respondent failed to provide possession despite the appellant clearing all dues and taxes.
Tribunal Order #0901126016032020-03-01-2022
The Tribunal adjourned the case due to counsel illness and directed the Respondent (GDA) to upload a better copy of the completion certificate within one week as previously ordered.
Tribunal Order #0901126016032020-08-03-2021
The Tribunal directed the respondent to file an affidavit within one week specifying the date of issuance of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project in question to examine the validity of the previous RERA order.
Tribunal Order #0901126016032020-13-04-2022
The Tribunal heard arguments regarding the appellant's challenge to a Regulatory Authority order and has reserved judgment after directing parties to file written submissions within 20 days.
Tribunal Order #0901126016032020-12-11-2021
The Tribunal directed the respondent (Ghaziabad Development Authority) to comply with a previous order by placing a clear and legible copy of the OC/CC on record and providing it to the appellant via email before the next hearing.
Tribunal Order #0901126016032020-06-09-2021
The Tribunal granted a final opportunity to the Ghaziabad Development Authority to file an affidavit regarding the status of OC/CC, warning that the right to present such documents would be closed if not complied with.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order and directed the Ghaziabad Development Authority to refund the appellant's entire deposited amount with interest at the rate of SBI MCLR + 1% per annum due to failure to deliver possession. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum of the State Bank of India.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order and directed the Ghaziabad Development Authority to refund the appellant's entire deposited amount with interest at the rate of SBI MCLR + 1% per annum due to failure to deliver possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum of the State Bank of India
Interest Period
from the date of the deposits till the refund of the same
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vipul Agarwal
Respondent Advocate(s)
- Rishabh Raj
Official RERA Tribunal Orders (8)
The Tribunal directed the respondent to file a legible copy of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project and to email it to the appellant before the next hearing.
The Tribunal set aside the RERA Authority's order and directed the Ghaziabad Development Authority to refund the appellant's entire deposited amount with interest at the rate of SBI MCLR + 1% per annum due to failure to deliver possession.
The appellant is challenging the Regulatory Authority's decision to direct possession instead of a refund, arguing that the respondent failed to provide possession despite the appellant clearing all dues and taxes.
The Tribunal adjourned the case due to counsel illness and directed the Respondent (GDA) to upload a better copy of the completion certificate within one week as previously ordered.
The Tribunal directed the respondent to file an affidavit within one week specifying the date of issuance of the Occupancy Certificate (OC) or Completion Certificate (CC) for the project in question to examine the validity of the previous RERA order.
The Tribunal heard arguments regarding the appellant's challenge to a Regulatory Authority order and has reserved judgment after directing parties to file written submissions within 20 days.
The Tribunal directed the respondent (Ghaziabad Development Authority) to comply with a previous order by placing a clear and legible copy of the OC/CC on record and providing it to the appellant via email before the next hearing.
The Tribunal granted a final opportunity to the Ghaziabad Development Authority to file an affidavit regarding the status of OC/CC, warning that the right to present such documents would be closed if not complied with.
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