up_reraStatus: Completed
CASE ID: 0901126016552020

Appellant / Complainant

Gaursons Hi-Tech Infrastructure Pvt. Ltd.

VS

Respondent

Himanshu Talwar

Developer Firm

gaursons hi-tech infrastructure pvt. ltd.

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

27 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126016552020 by Gaursons Hi-Tech Infrastructure Pvt. Ltd. against Himanshu Talwar before up_rera.

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability
2
Stage 113/09/2022

Final Hearing

The Tribunal set aside the RERA order dated 31.10.2019, ruling that the respondent's complaint was not maintainable because the project had received its completion certificate (OC/CC) prior to the enforcement of the RERA Act, 2016.

3
Stage 229/08/2022

Final Hearing

No text available.

4
Stage 326/08/2022

Final Hearing

Upon the request of the appellant's counsel, the matter has been adjourned to be heard on 29.08.2022.

5
Stage 418/08/2022

Final Hearing

The Tribunal granted the appellant three days to file an appropriate application to set aside a RERA order, following a request based on Supreme Court precedent, and scheduled the next hearing for 26.08.2022.

6
Stage 510/08/2022

Final Hearing

Upon the joint request of the counsels for both parties, the tribunal has rescheduled the hearing of the appeal to 18.08.2022.

7
Stage 625/07/2022

Final Hearing

The Tribunal directed the respondent's counsel to file a reply/objection to the grounds of appeal within one week and scheduled the next hearing for 10.08.2022.

8
Stage 713/05/2022

Final Hearing

The Tribunal granted the respondent an extension of 15 days to file a reply to the memo of appeal and directed the parties to exchange pleadings via e-portal/email before the next hearing on 25.07.2022.

9
Stage 811/04/2022

Final Hearing

The Tribunal granted the respondent a final opportunity to file a reply to the grounds of appeal and adjourned the matter to 13.05.2022.

10
Stage 921/02/2022

Final Hearing

The Tribunal adjourned the matter due to the non-appearance of the appellant's counsel and scheduled the next hearing for 11.04.2022.

11
Stage 1011/01/2022

Final Hearing

No text available.

12
Stage 1110/12/2021

Hearing

The Tribunal directed the appellant builder to execute the sale deed for the flat in favor of the respondent upon payment of required stamp fees and additional charges to the Greater Noida Development Authority.

13
Stage 1223/11/2021

Hearing

The Tribunal directed the appellant to issue a letter for physical inspection of the flat by 04.12.2021 and ordered the respondent to inspect the premises and proceed with the conveyance deed if no shortcomings are found.

14
Stage 1301/11/2021

Compliance of section 43(5)

The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and scheduled the next hearing for 23.11.2021.

15
Stage 1404/10/2021

Compliance of section 43(5)

The Tribunal rejected a misconceived application for amendment as the requested amendments had already been allowed previously; however, it granted the appellant three days to incorporate those amendments and comply with prior directions regarding CA certification and possession formalities.

16
Stage 1519/04/2021

Compliance of section 43(5)

No text available.

17
Stage 1622/03/2021

Compliance of section 43(5)

No text available.

18
Stage 1704/03/2021

For Order

The Tribunal adjourned the appeal to 22.03.2021 and directed the appellant to ensure compliance with a previous order dated 15.02.2021.

19
Stage 1815/02/2021

For Order

The Tribunal directed the appellant to ensure complete compliance with Section 43(5) of the Act within one week, warning that failure to do so by the next hearing may result in dismissal of the appeal.

20
Stage 1915/01/2021

Admission

No text available.

21
Stage 2017/11/2020

Admission

No text available.

22
Stage 21Final Ruling Order

Tribunal Order #0901126016552020-13-09-2022

The Tribunal set aside the RERA order dated 31.10.2019, ruling that the respondent's complaint was not maintainable because the project had received its completion certificate (OC/CC) prior to the enforcement of the RERA Act, 2016.

23
Stage 22Interim Order

Tribunal Order #0901126016552020-04-10-2021

The Tribunal rejected a misconceived application for amendment as the requested amendments had already been allowed previously; however, it granted the appellant three days to incorporate those amendments and comply with prior directions regarding CA certification and possession formalities.

24
Stage 23Interim Order

Tribunal Order #0901126016552020-10-12-2021

The Tribunal directed the appellant builder to execute the sale deed for the flat in favor of the respondent upon payment of required stamp fees and additional charges to the Greater Noida Development Authority.

25
Stage 24Interim Order

Tribunal Order #0901126016552020-23-11-2021

The Tribunal directed the appellant to issue a letter for physical inspection of the flat by 04.12.2021 and ordered the respondent to inspect the premises and proceed with the conveyance deed if no shortcomings are found.

26
Stage 25Interim Order

Tribunal Order #0901126016552020-15-02-2021

The Tribunal directed the appellant to ensure complete compliance with Section 43(5) of the Act within one week, warning that failure to do so by the next hearing may result in dismissal of the appeal.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the RERA order dated 31.10.2019, ruling that the respondent's complaint was not maintainable because the project had received its completion certificate (OC/CC) prior to the enforcement of the RERA Act, 2016. Awarded in favor of Appellant. Awarded interest rate: Rs. 5/- per sq. ft. per month.

Disposal Winner: AppellantInterest Rate: Rs. 5/- per sq. ft. per monthStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the RERA order dated 31.10.2019, ruling that the respondent's complaint was not maintainable because the project had received its completion certificate (OC/CC) prior to the enforcement of the RERA Act, 2016.

Ruling Awarded To

Appellant

Awarded Interest Rate

Rs. 5/- per sq. ft. per month

Interest Period

w.e.f 21.09.2013 till receipt of OC/CC i.e. 29.04.2016

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • D N Verma
  • Samrat Vaish
  • Ankit Raj Chaudhary

Respondent Advocate(s)

  • Rajesh Chadha

Official RERA Tribunal Orders (5)

FINAL_ORDEROrder ID: 0901126016552020-13-09-2022

The Tribunal set aside the RERA order dated 31.10.2019, ruling that the respondent's complaint was not maintainable because the project had received its completion certificate (OC/CC) prior to the enforcement of the RERA Act, 2016.

INTERIM_ORDEROrder ID: 0901126016552020-04-10-2021

The Tribunal rejected a misconceived application for amendment as the requested amendments had already been allowed previously; however, it granted the appellant three days to incorporate those amendments and comply with prior directions regarding CA certification and possession formalities.

INTERIM_ORDEROrder ID: 0901126016552020-10-12-2021

The Tribunal directed the appellant builder to execute the sale deed for the flat in favor of the respondent upon payment of required stamp fees and additional charges to the Greater Noida Development Authority.

INTERIM_ORDEROrder ID: 0901126016552020-23-11-2021

The Tribunal directed the appellant to issue a letter for physical inspection of the flat by 04.12.2021 and ordered the respondent to inspect the premises and proceed with the conveyance deed if no shortcomings are found.

INTERIM_ORDEROrder ID: 0901126016552020-15-02-2021

The Tribunal directed the appellant to ensure complete compliance with Section 43(5) of the Act within one week, warning that failure to do so by the next hearing may result in dismissal of the appeal.

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