Appellant / Complainant
Rajeev Kumar Garg
Respondent
Snowwhite Infrastructure Pvt. Ltd.
snowwhite infrastructure pvt. ltd.
₹5,45,965
Partial
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 0901126017342021 by Rajeev Kumar Garg against Snowwhite Infrastructure Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the RERA Authority's order, ruling that while the appellant is entitled to delay interest on their deposit due to project delays, the respondent promoter is also entitled to interest on a delayed installment up to the date of the complaint; the final amount payable shall be the net balance after mutual interest computations.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 27.11.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to the unavailability of the case file and scheduled the appeal for a final hearing on 22.10.2024.
Hearing
The Tribunal granted the respondent's counsel time to prepare his brief and adjourned the appeal for a hearing on 25.09.2024.
Hearing
The Tribunal noted requests for adjournment from both parties and scheduled the appeal for a final hearing on 12.09.2024.
Hearing
The Tribunal adjourned the proceedings because the appellant was not present, noting that pleadings have been exchanged, and rescheduled the hearing for August 22, 2024.
Hearing
The Tribunal noted the absence of the appellant's counsel and scheduled the appeal for orders/hearing on 19.07.2024.
Hearing
The Tribunal has adjourned the matter and rescheduled the hearing for Appeal-228/2021 to 04.07.2024 due to the respondent's counsel being unavailable.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to health reasons and rescheduled the hearing for May 6, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for April 4, 2024.
Hearing
The Tribunal noted that the appeal is ready for hearing and scheduled it for a subsequent hearing on March 4, 2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for 31.10.2023.
Hearing
The Tribunal granted the respondent's request for time to prepare their brief and scheduled the appeal for a hearing on 17.05.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for April 4, 2023, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the matter for orders on 20.01.2023.
Further Order
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the appeal for hearing on 15.09.2022.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and directed the filing of a soft copy via the e-portal, scheduling the next hearing for 30.08.2022.
Hearing
The Tribunal granted an adjournment due to the appellant's counsel's illness and directed the appellant to file a reply to the respondent's objections within one week.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for July 22, 2022.
Delay condonation
The Tribunal adjourned the hearing of the appeal to 12.05.2022 due to the appellant's counsel being unprepared with the brief.
Delay condonation
The Tribunal condoned the delay in filing the appeal by approximately 21 days, citing COVID-19 pandemic relaxations, and directed the appellant to file a replication/rejoinder before the next hearing on 29.04.2022.
Delay condonation
The Tribunal adjourned the matter to 07.02.2022 for the disposal of an application regarding the condonation of delay and the respondent's corresponding objection.
Delay condonation
The Tribunal directed the counsels for both parties to appear at the next hearing and scheduled the case for further orders on 20.12.2021.
Delay condonation
The Tribunal adjourned the appeal to 24.11.2021 and directed the parties to exchange pleadings and file originals with the Registry at least one week before the next hearing.
Delay condonation
The proceedings were adjourned due to a lawyers' strike following the murder of a counsel in Shahjahanpur, with the case rescheduled for 02.11.2021.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal, directing parties to upload pleadings on the e-portal before the next hearing on 19.10.2021.
Delay condonation
The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange applications, objections, and replies via email and the e-portal before the next hearing.
Tribunal Order #0901126017342021-27-11-2024
The Tribunal set aside the RERA Authority's order, ruling that while the appellant is entitled to delay interest on their deposit due to project delays, the respondent promoter is also entitled to interest on a delayed installment up to the date of the complaint; the final amount payable shall be the net balance after mutual interest computations.
Tribunal Order #0901126017342021-22-03-2022
The Tribunal condoned the delay in filing the appeal by approximately 21 days, citing COVID-19 pandemic relaxations, and directed the appellant to file a replication/rejoinder before the next hearing on 29.04.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the RERA Authority's order, ruling that while the appellant is entitled to delay interest on their deposit due to project delays, the respondent promoter is also entitled to interest on a delayed installment up to the date of the complaint; the final amount payable shall be the net balance after mutual interest computations. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the RERA Authority's order, ruling that while the appellant is entitled to delay interest on their deposit due to project delays, the respondent promoter is also entitled to interest on a delayed installment up to the date of the complaint; the final amount payable shall be the net balance after mutual interest computations.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
for the appellant: from date of deposit (04.03.2015) till date of refund (18.01.2021); for the respondent: from date of demand till date of filing of complaint (27.04.2019)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kaviya Singh
Respondent Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Official RERA Tribunal Orders (2)
The Tribunal set aside the RERA Authority's order, ruling that while the appellant is entitled to delay interest on their deposit due to project delays, the respondent promoter is also entitled to interest on a delayed installment up to the date of the complaint; the final amount payable shall be the net balance after mutual interest computations.
The Tribunal condoned the delay in filing the appeal by approximately 21 days, citing COVID-19 pandemic relaxations, and directed the appellant to file a replication/rejoinder before the next hearing on 29.04.2022.
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