Appellant / Complainant
Sangeeta Amber, Amber Kumar
Respondent
Gardenia Aims Developers Pvt. Ltd.
gardenia aims developers pvt. ltd.
₹48,82,500
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 0901126026942021 by Sangeeta Amber, Amber Kumar against Gardenia Aims Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to execute the conveyance deed within 45 days and pay interest for the delay from March 2012 until the date of fit-out possession on January 22, 2017.
Final Hearing
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for a later date.
Final Hearing
The Tribunal granted an adjournment request from the respondent's counsel due to a scheduling conflict and rescheduled the final hearing for December 9, 2021.
Hearing
The Tribunal has scheduled the appeal for a final hearing before Bench No. 1 on November 25, 2021.
Hearing
The case is adjourned due to a Bar Council of U.P. call, with the appeal scheduled for final hearing on 27.10.2021 following the exchange of pleadings.
Hearing
The Tribunal has scheduled the appeal for a hearing on 19.10.2021 and directed both parties to file a list of dates and events via the e-portal at least three days prior to the hearing.
Hearing
The Tribunal granted the appellant ten days to file a reply to the respondent's objections and scheduled the next hearing for September 14, 2021.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the next hearing for August 23, 2021.
Delay condonation
The Tribunal allowed the application for condonation of delay, citing Supreme Court directions regarding the COVID-19 pandemic, and converted the defective appeal into a regular appeal.
Hearing on Appeal
The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange documents via email and upload objections/replies on the e-portal before the next hearing on 23.07.2021.
Tribunal Order #0901126026942021-21-03-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to execute the conveyance deed within 45 days and pay interest for the delay from March 2012 until the date of fit-out possession on January 22, 2017.
Tribunal Order #0901126026942021-23-07-2021
The Tribunal allowed the application for condonation of delay, citing Supreme Court directions regarding the COVID-19 pandemic, and converted the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to execute the conveyance deed within 45 days and pay interest for the delay from March 2012 until the date of fit-out possession on January 22, 2017. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to execute the conveyance deed within 45 days and pay interest for the delay from March 2012 until the date of fit-out possession on January 22, 2017.
Ruling Awarded To
Appellant
Interest Period
from March 2012 (the proposed date of possession indicated in the Agreement dated 21.03.2010) till taking fit out possession of the flat in question i.e. 22.01.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
- Alok Sinha
Respondent Advocate(s)
- Suchita Singh
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to execute the conveyance deed within 45 days and pay interest for the delay from March 2012 until the date of fit-out possession on January 22, 2017.
The Tribunal allowed the application for condonation of delay, citing Supreme Court directions regarding the COVID-19 pandemic, and converted the defective appeal into a regular appeal.
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