Appellant / Complainant
Sanjeev Kumar Pandey Airship Forwarding India Pvt. Ltd.
Respondent
Gaursons Hi-Tech Infrastructure Private Limited
gaursons hi-tech infrastructure private limited
₹19,02,148
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 0901126033742021 by Sanjeev Kumar Pandey Airship Forwarding India Pvt. Ltd. against Gaursons Hi-Tech Infrastructure Private Limited before up_rera.
Re-Hearing
The Tribunal set aside the Regulatory Authority's order and directed the respondent promoter to refund the appellant's deposited amount of Rs 19,02,148/- along with interest at MCLR+1% from the promised possession date due to project delays and invalid possession offers.
For Order
The Tribunal has scheduled the case for orders/hearing on 07.02.2025 and directed the Registry to issue a notice to the appellant regarding the fixed date.
Hearing
The Tribunal directed both parties to file legal authorities on the relevant points of law within 15 days and reserved the judgment for further consideration.
Hearing
The Tribunal directed the Registry to seek clarification from the Greater Noida Authority regarding the validity of a part completion certificate and ordered both parties to file lists of dates and cited cases before the next hearing.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder to the respondent's reply within one week and scheduled the matter for further orders on 17.01.2022.
Notice
The Tribunal condoned a 14-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal issued a notice to the respondent via registered post and email and directed the appellant to take necessary steps within 10 days, scheduling the next hearing for 22.11.2021.
Delay condonation
The Tribunal noted that registry defects were removed and directed the issuance of notice to the respondent via registered post and email, scheduling the matter for 27.09.2021.
Tribunal Order #0901126033742021-07-02-2025
The Tribunal set aside the Regulatory Authority's order and directed the respondent promoter to refund the appellant's deposited amount of Rs 19,02,148/- along with interest at MCLR+1% from the promised possession date due to project delays and invalid possession offers.
Tribunal Order #0901126033742021-18-04-2022
The Tribunal directed the Registry to seek clarification from the Greater Noida Authority regarding the validity of a part completion certificate and ordered both parties to file lists of dates and cited cases before the next hearing.
Tribunal Order #0901126033742021-22-11-2021
The Tribunal condoned a 14-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent promoter to refund the appellant's deposited amount of Rs 19,02,148/- along with interest at MCLR+1% from the promised possession date due to project delays and invalid possession offers. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent promoter to refund the appellant's deposited amount of Rs 19,02,148/- along with interest at MCLR+1% from the promised possession date due to project delays and invalid possession offers.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from the promised date of possession till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Mandeep Singh
Respondent Advocate(s)
- Samrat Vaish
- Mohit Yadav
- C P Singh Yadav
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order and directed the respondent promoter to refund the appellant's deposited amount of Rs 19,02,148/- along with interest at MCLR+1% from the promised possession date due to project delays and invalid possession offers.
The Tribunal directed the Registry to seek clarification from the Greater Noida Authority regarding the validity of a part completion certificate and ordered both parties to file lists of dates and cited cases before the next hearing.
The Tribunal condoned a 14-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the defective appeal to be registered as a Regular Appeal.
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