Appellant / Complainant
Gulshan Homz Private Limited
Respondent
Sushant Arora
gulshan homz private limited
₹55,44,332
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 0901126053062022 by Gulshan Homz Private Limited against Sushant Arora before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant compensation in the form of interest for delay when an allottee chooses to stay in a project rather than withdraw; instead, such interest should be determined by the Regulatory Authority.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and subsequently reserved its judgment for a later date.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 09.07.2024, while extending any existing interim relief until the next listing date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 10.05.2024.
Hearing
The Tribunal granted a request from both parties to reschedule the hearing of Appeal-654/2022 to 24.04.2024, while maintaining any existing interim orders until that date.
Hearing
The Tribunal has adjourned the hearing of Appeal-654/2022 to 19.03.2024 upon a joint request from both parties and extended any existing interim orders until the next hearing date.
Hearing
The Tribunal adjourned the proceedings upon a joint request from both parties and scheduled the next hearing for March 5, 2024, while maintaining the existing interim order.
Hearing
The Tribunal adjourned the appeal to 08.11.2023 following a joint request from both parties and extended any existing interim orders until the next hearing date.
Hearing
The Tribunal adjourned the matter to 25.09.2023 for a hearing and ordered that any existing interim orders shall continue until the next listing date.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for August 9, 2023, while maintaining any existing interim orders.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for May 29, 2023, while maintaining any existing interim orders.
Hearing
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following the High Court's condonation of delay, and granted the respondent 10 days to file objections.
Hearing
The Tribunal rejected the application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Defect Removal
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the appellant to serve summons via dasti process.
Tribunal Order #0901126053062022-26-09-2024
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant compensation in the form of interest for delay when an allottee chooses to stay in a project rather than withdraw; instead, such interest should be determined by the Regulatory Authority.
Tribunal Order #0901126053062022-22-09-2022
The Tribunal rejected the application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Tribunal Order #0901126053062022-03-03-2023
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following the High Court's condonation of delay, and granted the respondent 10 days to file objections.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant compensation in the form of interest for delay when an allottee chooses to stay in a project rather than withdraw; instead, such interest should be determined by the Regulatory Authority. The Tribunal rejected the application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement to the respondent during execution proceedings. Awarded in favor of Appellant. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant compensation in the form of interest for delay when an allottee chooses to stay in a project rather than withdraw; instead, such interest should be determined by the Regulatory Authority. The Tribunal rejected the application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from 01.07.2019 to 12.10.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Aahuti Agarwal
- Manoj Kumar
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant compensation in the form of interest for delay when an allottee chooses to stay in a project rather than withdraw; instead, such interest should be determined by the Regulatory Authority.
The Tribunal rejected the application for condonation of delay and dismissed the appeal, subsequently directing that the pre-deposited amount under Section 43(5) be transferred to U.P. RERA for disbursement to the respondent during execution proceedings.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following the High Court's condonation of delay, and granted the respondent 10 days to file objections.
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