Appellant / Complainant
Hari Shyam Yadav
Respondent
Ghaziabad Development Authority
₹24,13,079
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 0901126030922023 by Hari Shyam Yadav against Ghaziabad Development Authority before up_rera.
Hearing
The Tribunal set aside the Adjudicating Officer's order, ruling that the appellant is entitled to interest and compensation because the promoter failed to execute the conveyance deed after receiving the completion certificate, thereby constituting a failure to hand over possession.
Hearing
The Tribunal has deferred the decision on whether the appellant is entitled to interest on a refunded amount and has scheduled the matter for further arguments on legal propositions on 07.03.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing for January 13, 2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal condoned a 210-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, scheduling the next hearing for December 12, 2024.
Hearing
The Tribunal granted a request from the respondent's counsel for time to attempt an out-of-court settlement and adjourned the matter to 06.11.2024.
Hearing
The Tribunal granted the respondent seven days to upload documents including a brochure and completion certificate, with a directive to provide soft copies to the appellant, and scheduled the next hearing for 16.10.2024.
Hearing
The Tribunal directed the respondent to provide copies of their objections to the appellant within three days, after which the appellant has seven days to file a reply; the matter is listed for hearing on 09.09.2024.
For Order
The Tribunal granted the appellant a final opportunity to file a rejoinder against the respondent's objections within one week and scheduled the matter for hearing on 07.08.2024.
Admission
The Tribunal granted the respondent 10 days to file a reply to objections and scheduled the appeal for hearing on 16.05.2024.
Admission
The Tribunal granted the respondent 10 days to file an objection and vakalatnama, directing that a soft copy be emailed to the appellant, with the matter listed for hearing on 16.04.2024.
Admission
The Tribunal treated the service of notice on the respondent as sufficient based on proof of delivery via email and speed post, while granting the respondent 10 days to file objections before proceeding ex-parte.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and directed the applicant to serve the respondent via speed-post and email.
Tribunal Order #0901126030922023-07-03-2025
The Tribunal set aside the Adjudicating Officer's order, ruling that the appellant is entitled to interest and compensation because the promoter failed to execute the conveyance deed after receiving the completion certificate, thereby constituting a failure to hand over possession.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order, ruling that the appellant is entitled to interest and compensation because the promoter failed to execute the conveyance deed after receiving the completion certificate, thereby constituting a failure to hand over possession. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order, ruling that the appellant is entitled to interest and compensation because the promoter failed to execute the conveyance deed after receiving the completion certificate, thereby constituting a failure to hand over possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
till 20.10.2021 and on computed amount interest till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Respondent Advocate(s)
- Rishabh Raj
Official RERA Tribunal Orders (1)
The Tribunal set aside the Adjudicating Officer's order, ruling that the appellant is entitled to interest and compensation because the promoter failed to execute the conveyance deed after receiving the completion certificate, thereby constituting a failure to hand over possession.
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