Appellant / Complainant
Neelam Tandon
Respondent
Greater Noida Industrial Development Authority
₹31,84,042
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 0901126016682021 by Neelam Tandon against Greater Noida Industrial Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and allowed the allottee's appeal, directing GNIDA to refund the full deposit with interest at MCLR+1% due to project delay. Additionally, it directed the transfer of the promoter's pre-deposited appeal amount to the U.P. RERA for disbursement during execution proceedings.
Hearing
The court heard arguments from both the appellant and respondent and reserved its judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the Appellant's counsel and scheduled the matter for hearing on 03.08.2023, to be heard alongside a cross-appeal filed by the Respondent.
Hearing
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and non-compliance with previous orders.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the appeal for hearing on 26.04.2023.
For Order
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and adjourned the matter to 16.03.2023 due to counsel unavailability.
Final Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for February 6, 2022.
Hearing
The Tribunal allowed an adjournment application filed by the respondent's counsel and rescheduled the hearing for December 20, 2022.
Hearing
The Tribunal struck down a previously imposed cost of Rs. 500/- against the respondent after finding it was issued under a misconception, and directed the appellant to file a replication/rejoinder.
Exchange of pleadings
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a cost of Rs. 500/- to be deposited in the Tribunal's fund.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply to the memo of appeal and scheduled the matter for hearing on 18.08.2022.
Hearing
The Tribunal allowed the application for condonation of delay, subject to a cost of Rs. 1000/- to be split between the Tribunal fund and the respondent, and directed the registry to convert the defective appeal into a regular appeal.
Hearing
The Tribunal directed the respondent to file objections against the applicant's application for condonation of delay and serve a copy via email before the next hearing on 29.04.2022.
Further Order
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, with a subsequent timeline set for the appellant's reply. The matter is scheduled for hearing on 23.03.2022.
Further Order
This is a procedural order noting the appearance of the appellant's counsel and the absence of the respondent during the case call on 21.12.2021.
Further Order
The Tribunal granted the respondent a final opportunity to file objections regarding the limitation application and grounds of appeal, directing them to serve copies via email and scheduling the next hearing for 21.12.2021.
Delay condonation
The Tribunal adjourned the matter to 10.12.2021 for the disposal of a limitation application and directed both counsels to appear, noting that failure to do so will result in the limitation application being disposed of.
Delay condonation
The Tribunal allowed an adjournment application moved by the respondent and rescheduled the case to 17.11.2021 for the disposal of a limitation application and objections.
Delay condonation
The Tribunal issued a notice to the respondent and directed the applicant to serve the memo of appeal and application for condonation of delay via speed post and email, with the next hearing scheduled for 26.10.2021.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the appellant to serve copies of the appeal and application via email.
Tribunal Order #0901126016682021-21-07-2023
The Tribunal set aside the Regulatory Authority's order and allowed the allottee's appeal, directing GNIDA to refund the full deposit with interest at MCLR+1% due to project delay. Additionally, it directed the transfer of the promoter's pre-deposited appeal amount to the U.P. RERA for disbursement during execution proceedings.
Tribunal Order #0901126016682021-26-04-2023
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and non-compliance with previous orders.
Tribunal Order #0901126016682021-19-10-2022
The Tribunal struck down a previously imposed cost of Rs. 500/- against the respondent after finding it was issued under a misconception, and directed the appellant to file a replication/rejoinder.
Tribunal Order #0901126016682021-18-08-2022
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a cost of Rs. 500/- to be deposited in the Tribunal's fund.
Tribunal Order #0901126016682021-29-04-2022
The Tribunal allowed the application for condonation of delay, subject to a cost of Rs. 1000/- to be split between the Tribunal fund and the respondent, and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and allowed the allottee's appeal, directing GNIDA to refund the full deposit with interest at MCLR+1% due to project delay. Additionally, it directed the transfer of the promoter's pre-deposited appeal amount to the U.P. RERA for disbursement 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 Tribunal set aside the Regulatory Authority's order and allowed the allottee's appeal, directing GNIDA to refund the full deposit with interest at MCLR+1% due to project delay. Additionally, it directed the transfer of the promoter's pre-deposited appeal amount to the U.P. RERA for disbursement during execution proceedings.
Ruling Awarded To
Respondent
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)
- Nirmit Srivastava
Respondent Advocate(s)
- Ajay Kumar Gupta
Official RERA Tribunal Orders (5)
The Tribunal set aside the Regulatory Authority's order and allowed the allottee's appeal, directing GNIDA to refund the full deposit with interest at MCLR+1% due to project delay. Additionally, it directed the transfer of the promoter's pre-deposited appeal amount to the U.P. RERA for disbursement during execution proceedings.
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and non-compliance with previous orders.
The Tribunal struck down a previously imposed cost of Rs. 500/- against the respondent after finding it was issued under a misconception, and directed the appellant to file a replication/rejoinder.
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a cost of Rs. 500/- to be deposited in the Tribunal's fund.
The Tribunal allowed the application for condonation of delay, subject to a cost of Rs. 1000/- to be split between the Tribunal fund and the respondent, and directed the registry to convert the defective appeal into a regular appeal.
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