Appellant / Complainant
Abhishek Bhardwaj
Respondent
Dhanya Promoters Pvt Ltd
dhanya promoters pvt ltd
₹33,46,175
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 0901126057572022 by Abhishek Bhardwaj against Dhanya Promoters Pvt Ltd before up_rera.
Hearing
The Tribunal allowed the appeals, modifying the previous order to grant the appellants delay interest from 08.06.2018 until the receipt of the Occupancy Certificate/Completion Certificate (OC/CC) or a valid offer of possession, whichever is later.
For Order
The Tribunal allowed the appellant's application to condone a one-day delay in filing the appeal due to technical issues and directed the conversion of the defective appeal into a regular appeal.
For Order
The Tribunal granted the respondent 10 days to file objections and directed the appellant to reply within a week, scheduling the hearing for the application for condonation of delay on 22.04.2025.
For Order
The Tribunal allowed an amendment application regarding the respondent's address and directed the issuance of fresh notice to the respondent, with the matter scheduled for hearing on 24.03.2025.
For Order
The Tribunal granted the appellant time to file an amendment application and provide a new address for the respondent after the initial notice was returned undelivered. The matter is listed for orders on 27.02.2025.
For Order
The Tribunal issued notice to the respondent and directed the appellant to serve the application for condonation of delay and memo of appeal via speed-post and email, scheduling the next hearing for February 7, 2025.
For Order
The Tribunal granted the appellant time to file an amendment application for the prayer clause and rescheduled the hearing for consideration of the condonation of delay to 15.01.2025.
Delay condonation
The Tribunal heard arguments regarding the appellant's submission of RTI information confirming the absence of OC/CC for the project and reserved judgment on the appeal.
Delay condonation
The Tribunal noted the submission of an RTI response regarding the project's completion certificate and scheduled the next hearing for August 29, 2024.
Delay condonation
The Tribunal granted the appellant one week to file information regarding the respondent's progress in securing the Occupancy Certificate (OC) or Completion Certificate (CC) and scheduled the hearing for July 5, 2024.
Delay condonation
The Tribunal granted the appellant one week to obtain information from the Greater Noida Industrial Development Authority regarding the project's OC/CC status and scheduled the next hearing for May 7, 2024.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to the respondent's failure to appear or file objections despite previous extensions.
Delay condonation
The Tribunal deemed service of notice to the respondent sufficient and granted the respondent 10 days to file objections to the condonation of delay and grounds of appeal, with the case listed for 04.03.2024.
Delay condonation
The Tribunal issued fresh notice to the respondent due to the applicant's failure to comply with previous service directions, imposing a cost of Rs. 1,000/- for the applicant's lackadaisical attitude.
Delay condonation
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-800/2022) for want of prosecution due to the non-appearance of the appellant and no request for adjournment.
Delay condonation
The Tribunal issued fresh notices regarding the application for condonation of delay and directed the appellant to serve the respondent via speed post and email before the next hearing on 01.02.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and provided specific procedural directions for service of notice and filing of objections.
Tribunal Order #0901126057572022-16-05-2025
The Tribunal allowed the appeals, modifying the previous order to grant the appellants delay interest from 08.06.2018 until the receipt of the Occupancy Certificate/Completion Certificate (OC/CC) or a valid offer of possession, whichever is later.
Tribunal Order #0901126057572022-22-04-2025
The Tribunal allowed the appellant's application to condone a one-day delay in filing the appeal due to technical issues and directed the conversion of the defective appeal into a regular appeal.
Tribunal Order #0901126057572022-29-08-2024
The Tribunal heard arguments regarding the appellant's submission of RTI information confirming the absence of OC/CC for the project and reserved judgment on the appeal.
Tribunal Order #0901126057572022-29-03-2023
The Tribunal issued fresh notice to the respondent due to the applicant's failure to comply with previous service directions, imposing a cost of Rs. 1,000/- for the applicant's lackadaisical attitude.
Tribunal Order #0901126057572022-03-03-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-800/2022) for want of prosecution due to the non-appearance of the appellant and no request for adjournment.
Tribunal Order #0901126057572022-04-03-2024
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to the respondent's failure to appear or file objections despite previous extensions.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appeals, modifying the previous order to grant the appellants delay interest from 08.06.2018 until the receipt of the Occupancy Certificate/Completion Certificate (OC/CC) or a valid offer of possession, whichever is later. The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-800/2022) for want of prosecution due to the non-appearance of the appellant and no request for adjournment. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appeals, modifying the previous order to grant the appellants delay interest from 08.06.2018 until the receipt of the Occupancy Certificate/Completion Certificate (OC/CC) or a valid offer of possession, whichever is later. The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-800/2022) for want of prosecution due to the non-appearance of the appellant and no request for adjournment.
Ruling Awarded To
Appellant
Interest Period
w.e.f. 08.06.2018 till the OC/CC of the project or valid offer of possession of the Unit, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nirmit Srivastava
Official RERA Tribunal Orders (6)
The Tribunal allowed the appeals, modifying the previous order to grant the appellants delay interest from 08.06.2018 until the receipt of the Occupancy Certificate/Completion Certificate (OC/CC) or a valid offer of possession, whichever is later.
The Tribunal allowed the appellant's application to condone a one-day delay in filing the appeal due to technical issues and directed the conversion of the defective appeal into a regular appeal.
The Tribunal heard arguments regarding the appellant's submission of RTI information confirming the absence of OC/CC for the project and reserved judgment on the appeal.
The Tribunal issued fresh notice to the respondent due to the applicant's failure to comply with previous service directions, imposing a cost of Rs. 1,000/- for the applicant's lackadaisical attitude.
The U.P. Real Estate Appellate Tribunal dismissed the appeal (APPEAL-800/2022) for want of prosecution due to the non-appearance of the appellant and no request for adjournment.
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to the respondent's failure to appear or file objections despite previous extensions.
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