Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Saroj Arya
₹14,30,380
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 0901126016482020 by Greater Noida Industrial Development Authority against Saroj Arya before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the RERA order that mandates a refund to the allottee with interest at the rate of MCLR+1% per annum. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Further Order
The Tribunal granted a request for adjournment to list the appeal on 29.07.2022 and directed the appellant to rectify a filing error regarding the upload of their reply to the respondent's objection.
Hearing
The Tribunal directed the counsels for both parties to exchange and file written arguments via email at least seven days prior to the next hearing. The case is scheduled for final hearing on 25.07.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 13.05.2022.
to file objections and its reply
The Tribunal directed the appellant to serve a copy of their reply to the respondent and scheduled the appeal for final hearing on 11.04.2022.
to file objections and its reply
The Tribunal granted the appellant a 10-day extension to file a reply to the respondent's objections regarding the condonation of delay and the grounds of appeal, scheduling the next hearing for March 22, 2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the parties to exchange replies and rejoinders before the next hearing.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for November 2, 2021, directing parties to exchange pleadings in the interim.
For Order
The Tribunal adjourned the case upon the request of the appellant's counsel and scheduled it for hearing on the application for condonation of delay on 01.10.2021.
Hearing
The Tribunal adjourned the case to 01.04.2021 and directed the parties to exchange pleadings in the interim.
For Order
Upon the joint request of the counsels for both parties, the defective appeal has been adjourned and listed for hearing on 05.03.2021.
Tribunal Order #0901126016482020-28-09-2022
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the RERA order that mandates a refund to the allottee with interest at the rate of MCLR+1% per annum. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Tribunal Order #0901126016482020-16-12-2021
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the parties to exchange replies and rejoinders before the next hearing.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the RERA order that mandates a refund to the allottee with interest at the rate of MCLR+1% per annum. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the RERA order that mandates a refund to the allottee with interest at the rate of MCLR+1% per annum. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from the date of deposit of money in case the allottee wishes to withdraw from the project; and from the specified/expected date of possession in case the allottee wishes to stay in the project
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rajesh Chadha
Respondent Advocate(s)
- Nirmit Srivastava
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, upholding the RERA order that mandates a refund to the allottee with interest at the rate of MCLR+1% per annum. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the parties to exchange replies and rejoinders before the next hearing.
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