Appellant / Complainant
Gaursons Promoters Private Limited
Respondent
Nirankar Singh, Arti Singh
gaursons promoters private limited
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 0901126023152022 by Gaursons Promoters Private Limited against Nirankar Singh, Arti Singh before up_rera.
Hearing
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest (MCLR+1%) and rent to the allottee for the period of project delay.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the hearing for February 24, 2025.
Delay condonation
The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal. Additionally, the appellant is required to report on whether possession or the sale deed of the unit has been executed before the next hearing on 05.02.2025.
Delay condonation
The Tribunal granted the appellant time to file a better affidavit regarding the application for condonation of delay and scheduled the matter for hearing on January 15, 2025.
Delay condonation
The Tribunal granted an adjournment request from the appellant's counsel but explicitly ruled that no further adjournments will be permitted and directed the matter to be listed on 10.12.2024 for consideration of the delay condonation application.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for November 8, 2024.
Hearing
The Tribunal has adjourned the hearing of the defective appeal to 30.09.2024 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted an adjournment request made by the appellant's counsel due to a personal emergency and rescheduled the hearing for August 2, 2024.
Hearing
The Tribunal has listed a defective appeal for consideration regarding an application for condonation of delay on 04.07.2024.
Hearing
The Tribunal has ordered that the defective appeal be listed for a hearing on May 6, 2024.
Hearing
The Tribunal has issued a routine adjournment, ordering that Appeal-394/2022 be listed for hearing on 03.04.2024.
Hearing
The Tribunal has scheduled a hearing for February 28, 2024, to consider an application for condonation of delay regarding a defective appeal.
Hearing
The Tribunal has scheduled the appeal for orders/hearing on November 3, 2023.
Delay condonation
The Tribunal granted requests for adjournment from both parties and rescheduled the hearing for the defective appeal to 21.09.2023.
Delay condonation
The Tribunal noted that pleadings have been exchanged and, upon joint request from both parties, scheduled the appeal for a hearing on 04.08.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and rescheduled the hearing for July 6, 2023.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on April 7, 2023, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for January 25, 2023.
Delay condonation
The Tribunal noted that no time was left for hearing and ordered the defective appeal to be listed on 15.12.2022.
Delay condonation
The Tribunal directed the appellant to file a replication/rejoinder to the respondents' reply and scheduled the matter for 08.12.2022 to address the delay condonation application.
Delay condonation
The Tribunal directed the appellant to file a replication/rejoinder to the respondent's reply and scheduled the defective appeal for further orders on 11.11.2022.
Delay condonation
The Tribunal adjourned the case to 11.10.2022 because the counsel for the appellant was on sanctioned leave.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on September 5, 2022.
Delay condonation
The Tribunal directed the respondent's counsel to register on the e-portal for proper listing and ordered the appellant to provide a soft copy of their reply via email within one week.
Defect Removal
The Tribunal directed the Registry to verify a bank draft submitted under Section 43(5) of the Act and set a timeline for the respondent to file objections against the condonation of delay application and grounds of appeal.
Tribunal Order #0901126023152022-20-06-2022
The Tribunal directed the Registry to verify a bank draft submitted under Section 43(5) of the Act and set a timeline for the respondent to file objections against the condonation of delay application and grounds of appeal.
Tribunal Order #0901126023152022-24-02-2025
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest (MCLR+1%) and rent to the allottee for the period of project delay.
Tribunal Order #0901126023152022-15-01-2025
The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal. Additionally, the appellant is required to report on whether possession or the sale deed of the unit has been executed before the next hearing on 05.02.2025.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest (MCLR+1%) and rent to the allottee for the period of project delay. 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 Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest (MCLR+1%) and rent to the allottee for the period of project delay.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.03.2019 to 30.01.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (3)
The Tribunal directed the Registry to verify a bank draft submitted under Section 43(5) of the Act and set a timeline for the respondent to file objections against the condonation of delay application and grounds of appeal.
The Tribunal set aside the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest (MCLR+1%) and rent to the allottee for the period of project delay.
The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic and directed the Registry to convert the defective appeal into a regular appeal. Additionally, the appellant is required to report on whether possession or the sale deed of the unit has been executed before the next hearing on 05.02.2025.
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