Appellant / Complainant
Greater Noida Industrial Development Authority
Respondent
Adesh Kumar Kaushik
Unknown
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 0901126046872021 by Greater Noida Industrial Development Authority against Adesh Kumar Kaushik before up_rera.
Seeking Directions
The Tribunal recalled its previous dismissal of the case and directed the Registrar to redeem a fixed deposit made in compliance with Section 43(5) of the Act to facilitate further action as per the order dated 31.05.2023.
For Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority due to the appellant's failure to appear and prosecute the matter.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter (GNIDA) to refund the allottees' deposited amounts along with interest at the rate of MCLR+1% per annum from the date of deposit until actual payment.
Hearing
The court has heard the arguments from both parties and has reserved the judgment for future pronouncement.
Hearing
The Tribunal has adjourned the matter for a fresh hearing on 06.04.2023 because the previous Bench's judgment could not be delivered following the Presiding Member's departure from office.
Further Order
The Tribunal heard arguments from both parties regarding Appeal-736/2021 and subsequently reserved the judgment for further delivery.
Further Order
The Tribunal ordered the appeal to be listed on 25.08.2022 along with cross-appeal No. 563/2020 for further arguments.
Further Order
The Tribunal noted the presence of the appellant's counsel and the absence of the respondent, subsequently adjourning the matter to 01.08.2022 while directing both parties to appear.
Further Order
The Tribunal directed the appellant to file an undertaking confirming that the documents presented are indeed valid completion certificates and ordered both parties to submit concise written submissions with supporting judgments within 20 days.
Hearing
The Tribunal condoned a 375-day delay in filing the appeal, applying the Supreme Court's relaxation regarding the COVID-19 pandemic period, and directed the Registry to register the defective appeal as a regular appeal.
Compliance of section 43(5)
The Tribunal granted the applicant one week to provide legal precedents supporting their application for condonation of delay and listed the matter for further consideration on 14.03.2022.
Compliance of section 43(5)
The Tribunal allowed an adjournment application moved by the applicant's counsel and rescheduled the case for January 12, 2022.
Delay condonation
The Tribunal directed the appellant to file the Occupancy Certificate (OC) or Completion Certificate (CC) and the offer of possession as previously ordered, and scheduled the matter for further hearing on 21.12.2021.
Delay condonation
The Tribunal noted that the appellant complied with Section 43(5) of the Act and adjourned the defective appeal to December 10, 2021, to align with related cases.
Tribunal Order #0901126046872021-29-03-2022
The Tribunal condoned a 375-day delay in filing the appeal, applying the Supreme Court's relaxation regarding the COVID-19 pandemic period, and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126046872021-31-05-2023
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter (GNIDA) to refund the allottees' deposited amounts along with interest at the rate of MCLR+1% per annum from the date of deposit until actual payment.
Tribunal Order #0901126046872021-13-04-2022
The Tribunal directed the appellant to file an undertaking confirming that the documents presented are indeed valid completion certificates and ordered both parties to submit concise written submissions with supporting judgments within 20 days.
Tribunal Order #0901126046872021-03-08-2023
The Tribunal recalled its previous dismissal of the case and directed the Registrar to redeem a fixed deposit made in compliance with Section 43(5) of the Act to facilitate further action as per the order dated 31.05.2023.
Tribunal Order #0901126046872021-31-07-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority due to the appellant's failure to appear and prosecute the matter.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter (GNIDA) to refund the allottees' deposited amounts along with interest at the rate of MCLR+1% per annum from the date of deposit until actual payment. The Tribunal recalled its previous dismissal of the case and directed the Registrar to redeem a fixed deposit made in compliance with Section 43(5) of the Act to facilitate further action as per the order dated 31.05.2023. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority due to the appellant's failure to appear and prosecute the matter. Awarded in favor of Unknown.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter (GNIDA) to refund the allottees' deposited amounts along with interest at the rate of MCLR+1% per annum from the date of deposit until actual payment. The Tribunal recalled its previous dismissal of the case and directed the Registrar to redeem a fixed deposit made in compliance with Section 43(5) of the Act to facilitate further action as per the order dated 31.05.2023. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority due to the appellant's failure to appear and prosecute the matter.
Ruling Awarded To
Unknown
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ajay Kumar Gupta
Respondent Advocate(s)
- Siddharth Vikram Asthana
Official RERA Tribunal Orders (5)
The Tribunal condoned a 375-day delay in filing the appeal, applying the Supreme Court's relaxation regarding the COVID-19 pandemic period, and directed the Registry to register the defective appeal as a regular appeal.
The Appellate Tribunal set aside the Regulatory Authority's order and directed the promoter (GNIDA) to refund the allottees' deposited amounts along with interest at the rate of MCLR+1% per annum from the date of deposit until actual payment.
The Tribunal directed the appellant to file an undertaking confirming that the documents presented are indeed valid completion certificates and ordered both parties to submit concise written submissions with supporting judgments within 20 days.
The Tribunal recalled its previous dismissal of the case and directed the Registrar to redeem a fixed deposit made in compliance with Section 43(5) of the Act to facilitate further action as per the order dated 31.05.2023.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Greater Noida Industrial Development Authority due to the appellant's failure to appear and prosecute the matter.
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