Appellant / Complainant
Gaursons Hi-Tech Infrastructure Private Limited
Respondent
Neha Rastogi
gaursons hi-tech infrastructure private limited
₹9,45,000
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 0901126030512022 by Gaursons Hi-Tech Infrastructure Private Limited against Neha Rastogi before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to grant interest in the form of compensation for delayed possession when the allottee chose to remain in the project rather than withdraw.
Delay condonation
The Tribunal condoned the 37-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction regarding the grant of delay interest, and directed the registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted a request from the appellant's counsel to adjourn the matter, rescheduling the hearing for August 7, 2024.
Delay condonation
The Tribunal noted that the matter has proceeded ex-parte against the respondent and scheduled the defective appeal for consideration of a condonation of delay application on 17.05.2024.
Delay condonation
The Tribunal decided to proceed ex parte against the respondent due to non-appearance and scheduled the matter for hearing on the application for condonation of delay on 18.04.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the hearing for 13.03.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to a scheduling conflict and rescheduled the hearing for November 8, 2023.
Delay condonation
Due to the respondent's failure to file objections or appear despite being served, the Tribunal has decided to proceed ex parte against the respondent and scheduled the matter for an ex parte hearing on 26.09.2023.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections regarding the condonation of delay and grounds of appeal, warning that the appeal will be decided on available records if they fail to comply.
Delay condonation
The Tribunal deemed service upon the respondent sufficient via postal and online modes and granted the respondent 10 days to file objections against the condonation of delay application and grounds of appeal.
Delay condonation
The Tribunal directed the issuance of a fresh notice to the respondent due to insufficient proof of service and scheduled the matter for 21.04.2023 to consider the application for condonation of delay.
Delay condonation
The Tribunal issued fresh notices to the respondent regarding the application for condonation of delay and directed the appellant to serve the notice and appeal documents via speed post and email.
Delay condonation
The Tribunal directed the appellant to provide proof of deposit for the remaining amount of Rs. 451/- within 24 hours and scheduled the matter for further orders on 22.12.2022.
Delay condonation
The Tribunal directed the Registry to issue notice to the respondent for 21.12.2022, subject to the appellant depositing a remaining amount of Rs. 451 towards compliance with Section 43(5) of the Act.
For Order
The Tribunal granted an adjournment request made by the appellant's counsel due to his mother's illness and rescheduled the case for orders on 23.11.2022.
For Order
The Tribunal granted the appellant three days to rectify deficiencies in the appeal filing pursuant to Section 43(5) of the Act and scheduled the matter for hearing on 16.11.2022.
For Order
The Tribunal found that the appellant failed to comply with Section 43(5) due to an incorrect interest calculation by their Chartered Accountant and granted one week to rectify the deficiency.
Compliance of section 43(5)
The Tribunal granted the appellant one week to file an affidavit regarding the compensation amount paid to the respondent and scheduled the matter for orders on 17.10.2022.
Compliance of section 43(5)
The Tribunal granted the appellant one week's time to ensure compliance with a previous order dated 08.09.2022 and scheduled the next hearing for 30.09.2022.
Defect Removal
The Tribunal identified a discrepancy in the C.A. Certificate regarding the deposit made under Section 43(5) of the Act and directed the appellant to re-verify the amount and ensure complete compliance within one week.
Tribunal Order #0901126030512022-27-11-2024
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to grant interest in the form of compensation for delayed possession when the allottee chose to remain in the project rather than withdraw.
Tribunal Order #0901126030512022-07-08-2024
The Tribunal condoned the 37-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction regarding the grant of delay interest, and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126030512022-17-10-2022
The Tribunal found that the appellant failed to comply with Section 43(5) due to an incorrect interest calculation by their Chartered Accountant and granted one week to rectify the deficiency.
Tribunal Order #0901126030512022-18-08-2023
Due to the respondent's failure to file objections or appear despite being served, the Tribunal has decided to proceed ex parte against the respondent and scheduled the matter for an ex parte hearing on 26.09.2023.
Tribunal Order #0901126030512022-08-09-2022
The Tribunal identified a discrepancy in the C.A. Certificate regarding the deposit made under Section 43(5) of the Act and directed the appellant to re-verify the amount and ensure complete compliance within one week.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to grant interest in the form of compensation for delayed possession when the allottee chose to remain in the project rather than withdraw. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to grant interest in the form of compensation for delayed possession when the allottee chose to remain in the project rather than withdraw.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 28.05.2012 to 13.02.2019 (excluding the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Mohit Yadav
Official RERA Tribunal Orders (5)
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to grant interest in the form of compensation for delayed possession when the allottee chose to remain in the project rather than withdraw.
The Tribunal condoned the 37-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction regarding the grant of delay interest, and directed the registry to convert the defective appeal into a regular appeal.
The Tribunal found that the appellant failed to comply with Section 43(5) due to an incorrect interest calculation by their Chartered Accountant and granted one week to rectify the deficiency.
Due to the respondent's failure to file objections or appear despite being served, the Tribunal has decided to proceed ex parte against the respondent and scheduled the matter for an ex parte hearing on 26.09.2023.
The Tribunal identified a discrepancy in the C.A. Certificate regarding the deposit made under Section 43(5) of the Act and directed the appellant to re-verify the amount and ensure complete compliance within one week.
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