Appellant / Complainant
Kailash Prashad Pandey, Prabha Pandey
Respondent
Gardenia Aims Developers Pvt. Ltd
gardenia aims developers pvt. ltd
₹8,31,844
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 0901126027022022 by Kailash Prashad Pandey, Prabha Pandey against Gardenia Aims Developers Pvt. Ltd before up_rera.
Judgement
The U.P. Real Estate Appellate Tribunal dismissed a review petition filed by allottees, upholding the previous ruling that interest for delay is only payable until the date of 'fit-out' possession if the allottees have already begun residing in the unit.
For Order
The Interlocutory Application (IA) No. 2084/2022 was dismissed for want of prosecution as no one appeared on behalf of the applicant.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the review applicant to file a hard copy of their application within a week.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to absence and rescheduled the review application for hearing on 29.07.2022.
For Order
The Tribunal granted a request for adjournment because the appellant could not attend the proceeding and rescheduled the review application to 14.07.2022.
Tribunal Order #0901126027022022-24-05-2024
The U.P. Real Estate Appellate Tribunal dismissed a review petition filed by allottees, upholding the previous ruling that interest for delay is only payable until the date of 'fit-out' possession if the allottees have already begun residing in the unit.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed a review petition filed by allottees, upholding the previous ruling that interest for delay is only payable until the date of 'fit-out' possession if the allottees have already begun residing in the unit. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed a review petition filed by allottees, upholding the previous ruling that interest for delay is only payable until the date of 'fit-out' possession if the allottees have already begun residing in the unit.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.02.2016 till the date of fit out possession i.e. 28.03.2016
Statutory Sections Cited (RERA Act 2016)
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal dismissed a review petition filed by allottees, upholding the previous ruling that interest for delay is only payable until the date of 'fit-out' possession if the allottees have already begun residing in the unit.
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