Appellant / Complainant
Shipra Jain
Respondent
Gaursons Hi Tech Infrastructure Private Limited
gaursons hi tech infrastructure private limited
₹39,71,652
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 0901126025532021 by Shipra Jain against Gaursons Hi Tech Infrastructure Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeals, modifying the Regulatory Authority's order to grant the appellant interest for delayed possession from 01.07.2019 until 19.03.2021, while excluding specific force majeure periods related to COVID-19 and NGT construction bans.
Hearing
The Tribunal heard arguments from the appellant in person and the respondent's representative via video conferencing, subsequently reserving the judgment for a later date.
Delay condonation
The Tribunal directed the respondent to execute the conveyance deed within 10 days following the appellant's payment of stamp fees, with physical possession to be handed over once all dues under the Builder Buyer's Agreement are cleared.
Delay condonation
The Tribunal ruled that there was no delay in filing the appeal as the limitation period should be calculated from the date the order was uploaded to the portal, and subsequently directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for August 23, 2021, to consider an application for condonation of delay.
Defect Removal
The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange pleadings via email and upload objections/replies to the e-portal before the next hearing on 09.08.2021.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify procedural defects in the appeal, including incomplete indexing and missing delay applications, and scheduled the matter for July 6, 2021.
Tribunal Order #0901126025532021-24-08-2021
The Tribunal ruled that there was no delay in filing the appeal as the limitation period should be calculated from the date the order was uploaded to the portal, and subsequently directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126025532021-22-03-2022
The Tribunal partially allowed the appeals, modifying the Regulatory Authority's order to grant the appellant interest for delayed possession from 01.07.2019 until 19.03.2021, while excluding specific force majeure periods related to COVID-19 and NGT construction bans.
Tribunal Order #0901126025532021-07-09-2021
The Tribunal directed the respondent to execute the conveyance deed within 10 days following the appellant's payment of stamp fees, with physical possession to be handed over once all dues under the Builder Buyer's Agreement are cleared.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeals, modifying the Regulatory Authority's order to grant the appellant interest for delayed possession from 01.07.2019 until 19.03.2021, while excluding specific force majeure periods related to COVID-19 and NGT construction bans. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeals, modifying the Regulatory Authority's order to grant the appellant interest for delayed possession from 01.07.2019 until 19.03.2021, while excluding specific force majeure periods related to COVID-19 and NGT construction bans.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.07.2019 till 19.03.2021, excluding the period from 25.03.2020 to 25.09.2020 and 116 days on account of restriction/ban imposed by the Environment Pollution (Prevention & Control) Authority, as well as vide order of Hon'ble Supreme Court dated 14.11.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Official RERA Tribunal Orders (3)
The Tribunal ruled that there was no delay in filing the appeal as the limitation period should be calculated from the date the order was uploaded to the portal, and subsequently directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal partially allowed the appeals, modifying the Regulatory Authority's order to grant the appellant interest for delayed possession from 01.07.2019 until 19.03.2021, while excluding specific force majeure periods related to COVID-19 and NGT construction bans.
The Tribunal directed the respondent to execute the conveyance deed within 10 days following the appellant's payment of stamp fees, with physical possession to be handed over once all dues under the Builder Buyer's Agreement are cleared.
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