Appellant / Complainant
Ashish Kumar, Ritu Chaudhary
Respondent
Gaursons Realtech Private Limited
gaursons realtech private limited
₹13,98,960
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 0901126029502022 by Ashish Kumar, Ritu Chaudhary against Gaursons Realtech Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeals, ruling that court-ordered construction stays do not constitute 'force majeure' and modifying the interest period for delayed possession to be paid at the rate of MCLR+1%.
Hearing
The court heard arguments from the counsel for both the appellant and the respondent, subsequently reserving the judgment for a later date.
Hearing
The Tribunal noted that the appeal is ripe for hearing and scheduled it for a subsequent hearing on 19.02.2024.
Hearing
The Tribunal adjourned the proceedings and rescheduled the hearing to 12.10.2023 in response to a Bar Council of Uttar Pradesh resolution calling for lawyers to abstain from judicial work.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for September 4, 2023.
Exchange of pleadings
The Tribunal noted a procedural error where the respondent filed incorrect objections belonging to another appeal; the respondent agreed to file corrected objections within a week, with the matter listed for hearing on 13.07.2023.
Exchange of pleadings
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for December 6, 2022.
Exchange of pleadings
The Tribunal granted an adjournment requested by the respondent's counsel and directed that future adjournment requests must be communicated in advance to avoid harassing the appellant's counsel.
For Order
The Tribunal directed the respondent's counsel to file a reply to the memo of appeal and serve a copy to the appellant's counsel via email before the next hearing.
Further Order
The Tribunal allowed the application for condonation of delay regarding the 158-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply.
Defect Removal
The Tribunal directed the appellant to provide copies of the delay condonation application and memo of appeal to the respondent's counsel and scheduled the matter for August 8, 2022, to address the delay condonation application.
Tribunal Order #0901126029502022-07-05-2024
The Tribunal partially allowed the appeals, ruling that court-ordered construction stays do not constitute 'force majeure' and modifying the interest period for delayed possession to be paid at the rate of MCLR+1%.
Tribunal Order #0901126029502022-08-08-2022
The Tribunal allowed the application for condonation of delay regarding the 158-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeals, ruling that court-ordered construction stays do not constitute 'force majeure' and modifying the interest period for delayed possession to be paid at the rate of MCLR+1%. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeals, ruling that court-ordered construction stays do not constitute 'force majeure' and modifying the interest period for delayed possession to be paid at the rate of MCLR+1%.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 11.08.2017 till the date of receipt of OC for Ashwani Kumar Chaudhary and from 25.09.2017 till the date of receipt of OC for Ashish Kumar and Ritu Chaudhary
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Asha Jain Madan
Respondent Advocate(s)
- Samrat Vaish
- Mohit Yadav
Official RERA Tribunal Orders (2)
The Tribunal partially allowed the appeals, ruling that court-ordered construction stays do not constitute 'force majeure' and modifying the interest period for delayed possession to be paid at the rate of MCLR+1%.
The Tribunal allowed the application for condonation of delay regarding the 158-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply.
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