Appellant / Complainant
Gaursons Hi-Tech Infrastructure Private Limited
Respondent
Shipra Katiyar, Dinesh Singh
gaursons hi-tech infrastructure private limited
₹37,84,485
Partial
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 0901126043622022 by Gaursons Hi-Tech Infrastructure Private Limited against Shipra Katiyar, Dinesh Singh before up_rera.
Hearing
The Tribunal modified the U.P.RERA order, directing the appellant promoter to pay delay interest at MCLR+1% on the deposited amount from 30.06.2020 until possession (up to 30.07.2025), while allowing for a 270-day deduction for force majeure and adjusting for pre-EMI amounts already paid.
Hearing
The appellant (developer) undertakes not to charge interest on delayed deposits or maintenance charges due to the lack of OC/CC, and agrees to compute and pay delay interest on the allottee's deposit of Rs. 37,84,485/- within one week.
Hearing
The Tribunal accepted the appellant's undertaking to comply with a previous cost order and directed the appellant promoter to offer possession of Shop No. OC-423, including a statement of accounts with interest for the delayed project.
Hearing
The Tribunal imposed a cost of Rs. 25,000 on the appellant for repeated adjournment requests and scheduled the next hearing for 16.05.2025, warning that the appeal may be decided on record if the appellant fails to appear.
Hearing
The Tribunal adjourned the appeal to 12.05.2025 and imposed a cost of Rs. 5,000 on the appellant for seeking an adjournment, to be used for legal representative library books.
Hearing
Upon the request of the respondent's counsel, the appeal has been adjourned and rescheduled for hearing on 17.04.2025.
Hearing
The Tribunal has scheduled the appeal for an order or hearing on March 18, 2025.
Hearing
The Tribunal has rescheduled the hearing of Appeal-814/2022 to 18.02.2025 at the request of the learned counsel for the parties.
Hearing
The Tribunal noted the payment of costs to the respondent and adjourned the matter to 24.01.2025, explicitly warning the appellant/promoter that no further adjournments will be granted due to lack of cooperation.
Delay condonation
The Tribunal allowed the application for condonation of a 17-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 5,000 to the respondent.
Delay condonation
The Tribunal has scheduled the appeal for orders or hearing on November 7, 2024.
Delay condonation
The Tribunal granted the appellant seven days to file a better affidavit regarding their delay condonation application and scheduled the matter for orders on 27.09.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability at the High Court and rescheduled the hearing for 27.08.2024.
Delay condonation
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and rescheduled the defective appeal for hearing on 25.07.2024.
Delay condonation
The Tribunal noted the respondent's counsel was out of station and scheduled the defective appeal for consideration of the condonation of delay application and hearing on May 1, 2024.
Delay condonation
The Tribunal granted a request for adjournment due to the appellant's counsel being out of station and rescheduled the hearing for 29.03.2024, with a strict warning that no further adjournments will be permitted.
Delay condonation
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and scheduled the defective appeal for consideration of the condonation of delay application on 23.02.2024.
Delay condonation
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh, rescheduling the hearing for 12.10.2023.
Delay condonation
The Tribunal granted the respondent two days to examine a clarification filed by the appellant regarding compliance with Section 43(5) of the Act and scheduled the matter for orders on 04.09.2023.
Delay condonation
The Tribunal directed the applicant to comply with Section 43(5) of the Act 2016 by calculating the required amount from 29.01.2019 to the date of filing without deductions, warning that failure to comply within 7 days will result in dismissal.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the applicant to ensure compliance with Section 43(5) of the Act before the next hearing on 16.08.2023.
For Order
The Tribunal granted a one-week extension for the appellant to file a reply to the respondent's objections and scheduled the matter for hearing on 24.05.2023.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on 11.04.2023.
Compliance of section 43(5)
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act, warning that failure to do so will result in the automatic dismissal of the appeal.
Delay condonation
The Tribunal granted the appellant a 10-day extension to comply with the provisions of Section 43(5) of the Act 2016, pursuant to the Regulatory Authority's order dated 01.03.2022.
Tribunal Order #0901126043622022-23-07-2025
The Tribunal modified the U.P.RERA order, directing the appellant promoter to pay delay interest at MCLR+1% on the deposited amount from 30.06.2020 until possession (up to 30.07.2025), while allowing for a 270-day deduction for force majeure and adjusting for pre-EMI amounts already paid.
Tribunal Order #0901126043622022-17-04-2025
The Tribunal adjourned the appeal to 12.05.2025 and imposed a cost of Rs. 5,000 on the appellant for seeking an adjournment, to be used for legal representative library books.
Tribunal Order #0901126043622022-30-05-2025
The appellant (developer) undertakes not to charge interest on delayed deposits or maintenance charges due to the lack of OC/CC, and agrees to compute and pay delay interest on the allottee's deposit of Rs. 37,84,485/- within one week.
Tribunal Order #0901126043622022-16-05-2025
The Tribunal accepted the appellant's undertaking to comply with a previous cost order and directed the appellant promoter to offer possession of Shop No. OC-423, including a statement of accounts with interest for the delayed project.
Tribunal Order #0901126043622022-12-05-2025
The Tribunal imposed a cost of Rs. 25,000 on the appellant for repeated adjournment requests and scheduled the next hearing for 16.05.2025, warning that the appeal may be decided on record if the appellant fails to appear.
Tribunal Order #0901126043622022-07-11-2024
The Tribunal allowed the application for condonation of a 17-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 5,000 to the respondent.
Tribunal Order #0901126043622022-16-08-2023
The Tribunal directed the applicant to comply with Section 43(5) of the Act 2016 by calculating the required amount from 29.01.2019 to the date of filing without deductions, warning that failure to comply within 7 days will result in dismissal.
Tribunal Order #0901126043622022-16-12-2022
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act, warning that failure to do so will result in the automatic dismissal of the appeal.
Tribunal Order #0901126043622022-02-12-2022
The Tribunal granted the appellant a 10-day extension to comply with the provisions of Section 43(5) of the Act 2016, pursuant to the Regulatory Authority's order dated 01.03.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the U.P.RERA order, directing the appellant promoter to pay delay interest at MCLR+1% on the deposited amount from 30.06.2020 until possession (up to 30.07.2025), while allowing for a 270-day deduction for force majeure and adjusting for pre-EMI amounts already paid. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the U.P.RERA order, directing the appellant promoter to pay delay interest at MCLR+1% on the deposited amount from 30.06.2020 until possession (up to 30.07.2025), while allowing for a 270-day deduction for force majeure and adjusting for pre-EMI amounts already paid.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 30.06.2020 till the date possession of the unit to be handed over on or before 30.07.2025 (after deducting 270 days for NGT and Covid period)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Samrat Vaish
- Mohit Yadav
Respondent Advocate(s)
- Harprit Singh Arora
- Harish Pandey
Official RERA Tribunal Orders (9)
The Tribunal modified the U.P.RERA order, directing the appellant promoter to pay delay interest at MCLR+1% on the deposited amount from 30.06.2020 until possession (up to 30.07.2025), while allowing for a 270-day deduction for force majeure and adjusting for pre-EMI amounts already paid.
The Tribunal adjourned the appeal to 12.05.2025 and imposed a cost of Rs. 5,000 on the appellant for seeking an adjournment, to be used for legal representative library books.
The appellant (developer) undertakes not to charge interest on delayed deposits or maintenance charges due to the lack of OC/CC, and agrees to compute and pay delay interest on the allottee's deposit of Rs. 37,84,485/- within one week.
The Tribunal accepted the appellant's undertaking to comply with a previous cost order and directed the appellant promoter to offer possession of Shop No. OC-423, including a statement of accounts with interest for the delayed project.
The Tribunal imposed a cost of Rs. 25,000 on the appellant for repeated adjournment requests and scheduled the next hearing for 16.05.2025, warning that the appeal may be decided on record if the appellant fails to appear.
The Tribunal allowed the application for condonation of a 17-day delay in filing the appeal, subject to the appellant paying a cost of Rs. 5,000 to the respondent.
The Tribunal directed the applicant to comply with Section 43(5) of the Act 2016 by calculating the required amount from 29.01.2019 to the date of filing without deductions, warning that failure to comply within 7 days will result in dismissal.
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act, warning that failure to do so will result in the automatic dismissal of the appeal.
The Tribunal granted the appellant a 10-day extension to comply with the provisions of Section 43(5) of the Act 2016, pursuant to the Regulatory Authority's order dated 01.03.2022.
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