Appellant / Complainant
Roopali Grover
Respondent
Golfgreen Infra Pvt. Ltd
golfgreen infra pvt. ltd
₹1,07,38,802
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 0901126020362021 by Roopali Grover against Golfgreen Infra Pvt. Ltd before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order to provide possession and instead directed the respondent to refund the entire deposited amount with interest at MCLR+1% within 45 days due to the appellant's right to withdraw from the project.
Hearing
The appellant is challenging the Regulatory Authority's order regarding delay interest and possession terms, specifically contesting the validity of 'deemed OC/CC' used by the respondent to claim possession was timely.
Hearing
The Tribunal decided to proceed ex parte against the respondent due to their repeated failure to appear despite being aware of the proceedings, and issued a warning to the appellant's counsel regarding unprepared arguments.
Hearing
The Tribunal directed the respondent to ensure their counsel's presence at future hearings, warning that the respondent will be summoned if they continue to fail to appear without adjournment requests. The matter is listed for hearing on 28.02.2024.
Hearing
The Tribunal noted the absence of the respondent and, upon the appellant's request, adjourned the matter to 05.02.2024 to allow for the filing of physical copies of documents.
Hearing
The Tribunal adjourned the appeal to 24.07.2023 due to the non-appearance of the respondent's counsel and noted that the matter will proceed based on available records if no one appears on the next date.
Hearing
The Tribunal heard arguments from the appellant's counsel and subsequently reserved the judgment for further deliberation.
Hearing
The Tribunal granted an adjournment requested by the respondent and rescheduled the hearing for August 18, 2022.
Hearing
The Tribunal directed the respondent to deposit a previously imposed cost of Rs. 10,000 for library books and ordered both parties to file written arguments within 15 days.
Hearing
The Tribunal directed the parties to exchange lists of dates, events, and cited cases at least seven days before the next hearing, and ordered the respondent to deposit Rs. 10,000/- in the Tribunal fund.
Hearing
The Tribunal noted the filing of a rejoinder by the appellant and a reply via email by the respondent, subsequently scheduling the case for a hearing on 19.04.2022.
Hearing
The respondent declined to press their application to recall the cost imposition of Rs. 10,000/-, and the appellant was directed to file a rejoinder to the respondent's reply.
Hearing
The Tribunal directed the Registry to convert the defective appeal into a regular appeal as it was found to be within the limitation period and free of defects. Additionally, the parties were granted time to file objections and replies via email and instructed to upload pleadings on the e-portal.
Hearing
The Tribunal issued a notice to the respondent via registered post and e-mail and directed the appellant to take necessary steps within a week, scheduling the next hearing for 12.11.2021.
Defect Removal
The Tribunal accepted the appellant's claim regarding the filing date of the appeal and issued a notice to the respondent, scheduling the matter for a subsequent hearing.
Tribunal Order #0901126020362021-09-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order to provide possession and instead directed the respondent to refund the entire deposited amount with interest at MCLR+1% within 45 days due to the appellant's right to withdraw from the project.
Tribunal Order #0901126020362021-12-03-2024
The appellant is challenging the Regulatory Authority's order regarding delay interest and possession terms, specifically contesting the validity of 'deemed OC/CC' used by the respondent to claim possession was timely.
Tribunal Order #0901126020362021-05-02-2024
The Tribunal directed the respondent to ensure their counsel's presence at future hearings, warning that the respondent will be summoned if they continue to fail to appear without adjournment requests. The matter is listed for hearing on 28.02.2024.
Tribunal Order #0901126020362021-24-05-2022
The Tribunal directed the respondent to deposit a previously imposed cost of Rs. 10,000 for library books and ordered both parties to file written arguments within 15 days.
Tribunal Order #0901126020362021-28-02-2024
The Tribunal decided to proceed ex parte against the respondent due to their repeated failure to appear despite being aware of the proceedings, and issued a warning to the appellant's counsel regarding unprepared arguments.
Tribunal Order #0901126020362021-19-04-2022
The Tribunal directed the parties to exchange lists of dates, events, and cited cases at least seven days before the next hearing, and ordered the respondent to deposit Rs. 10,000/- in the Tribunal fund.
Tribunal Order #0901126020362021-12-11-2021
The Tribunal directed the Registry to convert the defective appeal into a regular appeal as it was found to be within the limitation period and free of defects. Additionally, the parties were granted time to file objections and replies via email and instructed to upload pleadings on the e-portal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order to provide possession and instead directed the respondent to refund the entire deposited amount with interest at MCLR+1% within 45 days due to the appellant's right to withdraw from the project. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order to provide possession and instead directed the respondent to refund the entire deposited amount with interest at MCLR+1% within 45 days due to the appellant's right to withdraw from the project.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of deposit till the date of realisation of the amount
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Mandeep Singh
- Mohit Kumar Bansal
Respondent Advocate(s)
- Anurag Srivastava
Official RERA Tribunal Orders (7)
The Appellate Tribunal set aside the Regulatory Authority's order to provide possession and instead directed the respondent to refund the entire deposited amount with interest at MCLR+1% within 45 days due to the appellant's right to withdraw from the project.
The appellant is challenging the Regulatory Authority's order regarding delay interest and possession terms, specifically contesting the validity of 'deemed OC/CC' used by the respondent to claim possession was timely.
The Tribunal directed the respondent to ensure their counsel's presence at future hearings, warning that the respondent will be summoned if they continue to fail to appear without adjournment requests. The matter is listed for hearing on 28.02.2024.
The Tribunal directed the respondent to deposit a previously imposed cost of Rs. 10,000 for library books and ordered both parties to file written arguments within 15 days.
The Tribunal decided to proceed ex parte against the respondent due to their repeated failure to appear despite being aware of the proceedings, and issued a warning to the appellant's counsel regarding unprepared arguments.
The Tribunal directed the parties to exchange lists of dates, events, and cited cases at least seven days before the next hearing, and ordered the respondent to deposit Rs. 10,000/- in the Tribunal fund.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal as it was found to be within the limitation period and free of defects. Additionally, the parties were granted time to file objections and replies via email and instructed to upload pleadings on the e-portal.
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