Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Yaduvir Yadav
₹7,45,338
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 0901126016442020 by Greater Noida Industrial Development Authority against Yaduvir Yadav before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by GNIDA, upholding the RERA order that directed the promoter to deliver possession and pay interest for delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Hearing
The Tribunal has framed a key legal question to determine whether the interest rate should be governed by the specific terms of the agreement/brochure (4%) or by the statutory provisions of the Real Estate Act, 2016.
Final Hearing
The Tribunal granted a final 10-day extension to the appellant to file a reply to the respondent's objections, noting that failure to comply will result in the forfeiture of their right to file such a reply.
Final Hearing
The Tribunal adjourned the matter to 25.05.2022 and directed the respondent, Yaduvir Yadav, to appear in person for the next hearing.
Final Hearing
The Tribunal granted an adjournment application filed by the Appellant's counsel and rescheduled the hearing for April 21, 2022.
Final Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for January 21, 2022.
Final Hearing
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's COVID-19 limitation extension orders, and directed the Registry to convert the defective appeal into a regular one.
Hearing
The Tribunal directed the respondent to provide corrected objection documents within a week and ordered both parties to upload pleadings to the e-portal before the next hearing on 17.11.2021.
Delay condonation
The Tribunal directed the appellant's counsel to provide soft copies of the application for condonation of delay and the memo of appeal to the respondent via email to facilitate the filing of objections.
For Order
The appeal was dismissed for want of prosecution because no one appeared on behalf of the applicant and no request for adjournment was received.
Hearing
The Tribunal issued a fresh notice to the respondent via email due to their absence and directed the applicant to serve the appeal documents and application for condonation of delay to the respondent.
Tribunal Order #0901126016442020-08-09-2022
The Appellate Tribunal dismissed the appeal filed by GNIDA, upholding the RERA order that directed the promoter to deliver possession and pay interest for delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126016442020-08-12-2021
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's COVID-19 limitation extension orders, and directed the Registry to convert the defective appeal into a regular one.
Tribunal Order #0901126016442020-15-07-2022
The Tribunal has framed a key legal question to determine whether the interest rate should be governed by the specific terms of the agreement/brochure (4%) or by the statutory provisions of the Real Estate Act, 2016.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by GNIDA, upholding the RERA order that directed the promoter to deliver possession and pay interest for delay. The Tribunal further directed that the pre-deposited 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 Appellate Tribunal dismissed the appeal filed by GNIDA, upholding the RERA order that directed the promoter to deliver possession and pay interest for delay. The Tribunal further directed that the pre-deposited 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
from 16.06.2014 to 30.04.2016 at MCLR+1% and from 01.05.2016 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the appeal filed by GNIDA, upholding the RERA order that directed the promoter to deliver possession and pay interest for delay. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the Supreme Court's COVID-19 limitation extension orders, and directed the Registry to convert the defective appeal into a regular one.
The Tribunal has framed a key legal question to determine whether the interest rate should be governed by the specific terms of the agreement/brochure (4%) or by the statutory provisions of the Real Estate Act, 2016.
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