Appellant / Complainant
Punyanand Thakur
Respondent
Greater Noida Industrial Development Authority
₹5,18,896
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 0901126017012021 by Punyanand Thakur against Greater Noida Industrial Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal allowed the appellant's appeal, setting aside the Regulatory Authority's order and directing GNIDA to refund the deposited amount 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 to the allottee.
Hearing
The Tribunal has reserved the judgment for Appeal No. 225/2021, noting that orders regarding this matter can be found in the order passed in Appeal No. 283/2020.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 05.04.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on February 29, 2024.
Hearing
Upon the joint request of the counsels for both parties, the tribunal has rescheduled the hearing of the appeal to 24.07.2023.
Hearing
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and failure to comply with previous orders.
For Order
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the next hearing for April 26, 2023.
Exchange of pleadings
The Tribunal granted a 10-day extension to the appellant to file a reply to the respondent's objections and scheduled the next hearing for March 16, 2023.
Exchange of pleadings
The court granted a joint request from the counsels for both parties to adjourn the matter and rescheduled the appeal for further orders on 06.02.2023.
Exchange of pleadings
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for December 20, 2022.
Exchange of pleadings
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 25.11.2022.
Exchange of pleadings
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a penalty cost of Rs. 500/- to be deposited into 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 next hearing for August 18, 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.
Delay condonation
The Tribunal directed the Respondent to file an objection against the Appellant's limitation application and scheduled the matter for April 29, 2022, to address the defective appeal.
Further Order
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and grounds of appeal, with a subsequent timeline set for the applicant's reply. The matter is scheduled for hearing on 23.03.2022.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and scheduled the matter for January 12, 2022, to address the limitation application.
Further Order
The Tribunal granted the respondent a final opportunity to file objections regarding limitation and grounds of appeal and scheduled the matter for further hearing on 21.12.2021.
Delay condonation
The Tribunal adjourned the matter to 10.12.2021 for the disposal of a limitation application and directed counsel to appear, noting that failure to do so will result in the application being disposed of accordingly.
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 appellant to serve the application for condonation of delay and memo of appeal 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 via email within one week.
Tribunal Order #0901126017012021-29-05-2024
The Tribunal allowed the appellant's appeal, setting aside the Regulatory Authority's order and directing GNIDA to refund the deposited amount 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 to the allottee.
Tribunal Order #0901126017012021-18-08-2022
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a penalty cost of Rs. 500/- to be deposited into the Tribunal's fund.
Tribunal Order #0901126017012021-29-04-2022
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 Order #0901126017012021-26-04-2023
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and failure to comply with previous orders.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appellant's appeal, setting aside the Regulatory Authority's order and directing GNIDA to refund the deposited amount 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 to the allottee. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appellant's appeal, setting aside the Regulatory Authority's order and directing GNIDA to refund the deposited amount 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 to the allottee.
Ruling Awarded To
Appellant
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 (4)
The Tribunal allowed the appellant's appeal, setting aside the Regulatory Authority's order and directing GNIDA to refund the deposited amount 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 to the allottee.
The Tribunal granted the respondent an additional opportunity to file a reply to the grounds of appeal, subject to a penalty cost of Rs. 500/- to be deposited into 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.
The Tribunal closed the appellant's opportunity to file a reply to the respondent's objections due to repeated delays and failure to comply with previous orders.
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