Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Santosh Kumari
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 0901126025592022 by Greater Noida Industrial Development Authority against Santosh Kumari before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, ruling that a promoter cannot offer possession or execute lease deeds without first obtaining a Completion Certificate (CC) or Occupancy Certificate (OC), and that such certificates cannot be issued with retrospective effect.
Hearing
The Tribunal heard ex parte arguments from the appellant regarding a document of possession dated 27.03.2018 and has reserved judgment on the appeal.
Hearing
The Tribunal granted a request to reschedule the hearing of Appeal-532/2022 and listed it for 09.12.2024.
Hearing
The Tribunal decided to proceed ex-parte against the respondent due to their failure to appear despite sufficient notice and scheduled hearings, and listed the matter for an ex-parte final hearing on 28.10.2024.
Hearing
The Tribunal granted the respondent 7 days to file objections against the appeal and directed the appellant to file a reply within three days thereafter, scheduling the next hearing for 20.09.2024.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and scheduled the appeal for a hearing on 05.09.2024.
Hearing
The Tribunal ruled that service of notice upon the respondent was sufficient via post and email, and granted the respondent 10 days to file objections to the appeal.
Hearing
The Tribunal granted the appellant's request to issue fresh notice to the respondent due to a failure in previous service and scheduled the next hearing for May 8, 2024.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 05.04.2024.
Hearing
The Tribunal granted the respondent 10 days to file objections and a vakalatnama, and scheduled the appeal for hearing on March 1, 2024.
Delay condonation
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding limitation and converted the matter into a regular appeal.
Delay condonation
The Tribunal adjourned the matter to 28.03.2023 for orders due to the counsel for the applicant being on sanctioned leave.
Delay condonation
The Tribunal granted a final one-week extension to the respondent to file objections regarding the condonation of delay and grounds of appeal, noting their previous failure to appear or file documents.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent for filing objections to the application for condonation of delay and grounds of appeal, warning that the matter may proceed ex-parte if they fail to appear on the next date.
For Order
The Tribunal granted the respondent an additional 10 days to file objections to the application for condonation of delay and the grounds of appeal, with subsequent instructions for electronic service of pleadings.
For Order
The Tribunal has scheduled the case for a hearing on December 1, 2022.
Notice
The Tribunal directed the respondent to file objections to the application for condonation of delay and grounds of appeal within 10 days, with the matter listed for hearing on 02.11.2022.
For Order
The Tribunal directed the Registry to verify the removal of defects and ordered that notice be issued to the respondent for a hearing on 23.09.2022 regarding the application for condonation of delay.
Defect Removal
The Tribunal granted the applicant three days to remove defects in the filing and scheduled the case for orders on August 25, 2022.
Defect Removal
The Tribunal granted the appellant one week to rectify four identified procedural defects in the appeal, failing which the appeal will be dismissed. The matter is scheduled for a follow-up listing on 18.08.2022.
Tribunal Order #0901126025592022-03-03-2025
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, ruling that a promoter cannot offer possession or execute lease deeds without first obtaining a Completion Certificate (CC) or Occupancy Certificate (OC), and that such certificates cannot be issued with retrospective effect.
Tribunal Order #0901126025592022-09-12-2024
The Tribunal heard ex parte arguments from the appellant regarding a document of possession dated 27.03.2018 and has reserved judgment on the appeal.
Tribunal Order #0901126025592022-28-03-2023
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding limitation and converted the matter into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, ruling that a promoter cannot offer possession or execute lease deeds without first obtaining a Completion Certificate (CC) or Occupancy Certificate (OC), and that such certificates cannot be issued with retrospective effect. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, ruling that a promoter cannot offer possession or execute lease deeds without first obtaining a Completion Certificate (CC) or Occupancy Certificate (OC), and that such certificates cannot be issued with retrospective effect.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from 19.09.2017 to OC/CC or offer of possession whichever is later excluding force majeure (Covid period) from 25.03.2020 to 25.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
- Rishindra Vikram Singh
Respondent Advocate(s)
- N A
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority, ruling that a promoter cannot offer possession or execute lease deeds without first obtaining a Completion Certificate (CC) or Occupancy Certificate (OC), and that such certificates cannot be issued with retrospective effect.
The Tribunal heard ex parte arguments from the appellant regarding a document of possession dated 27.03.2018 and has reserved judgment on the appeal.
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions regarding limitation and converted the matter into a regular appeal.
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