Appellant / Complainant
Neeraj Kumar Srivastava
Respondent
Dhanya Promoters Private Limited (Mahagun Group)
dhanya promoters private limited
₹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 0901126057582022 by Neeraj Kumar Srivastava against Dhanya Promoters Private Limited (Mahagun Group) 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 for condonation of delay due to technical issues with the portal 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 one week thereafter, scheduling the hearing for the application for condonation of delay on 22.04.2025.
For Order
The Tribunal allowed the appellant's amendment application to correct the respondent's address and delete a relief, and directed the issuance of fresh notice to the respondent for the next 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.
For Order
The Tribunal issued notice to the respondents 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 January 15, 2025, to consider the application for condonation of delay.
Delay condonation
The Tribunal heard arguments regarding the lack of Occupancy Certificate (OC) or Completion Certificate (CC) for the project and reserved judgment, noting that the matter is covered by a previous precedent.
Delay condonation
The Tribunal noted the appellant's submission of an RTI response regarding the project's completion certificate and scheduled the next hearing for 29.08.2024.
Delay condonation
The Tribunal granted the appellant one week to file information regarding the respondent's efforts to secure OC/CC and scheduled the hearing for the application for condonation of delay on 05.07.2024.
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 matter for hearing on 07.05.2024.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to their failure to appear or file responses. The case is scheduled for an ex-parte hearing on the application for condonation of delay on 08.04.2024.
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 application and grounds of appeal.
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/- on the applicant for their lackadaisical attitude.
Notice
The appeal was dismissed for want of prosecution due to the non-appearance of the applicant and their counsel.
Notice
The Tribunal issued fresh notices regarding the application for condonation of delay and directed the applicant to serve the respondent via speed post and email before the next hearing on 01.02.2023.
Defect Removal
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the notice via speed-post and email, scheduling the next hearing for 23.12.2022.
Tribunal Order #0901126057582022-16-05-2025
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 #0901126057582022-27-02-2025
The Tribunal allowed the appellant's amendment application to correct the respondent's address and delete a relief, and directed the issuance of fresh notice to the respondent for the next hearing on 24.03.2025.
Tribunal Order #0901126057582022-04-03-2024
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to their failure to appear or file responses. The case is scheduled for an ex-parte hearing on the application for condonation of delay on 08.04.2024.
Tribunal Order #0901126057582022-29-03-2023
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/- on the applicant for their lackadaisical attitude.
Tribunal Order #0901126057582022-22-04-2025
The Tribunal allowed the appellant's application for condonation of delay due to technical issues with the portal and directed the conversion of the defective appeal into a regular appeal.
Tribunal Order #0901126057582022-29-08-2024
The Tribunal heard arguments regarding the lack of Occupancy Certificate (OC) or Completion Certificate (CC) for the project and reserved judgment, noting that the matter is covered by a previous precedent.
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. 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.
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 amendment application to correct the respondent's address and delete a relief, and directed the issuance of fresh notice to the respondent for the next hearing on 24.03.2025.
The Tribunal closed the respondent's opportunity to file objections and ordered the matter to proceed ex-parte due to their failure to appear or file responses. The case is scheduled for an ex-parte hearing on the application for condonation of delay on 08.04.2024.
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/- on the applicant for their lackadaisical attitude.
The Tribunal allowed the appellant's application for condonation of delay due to technical issues with the portal and directed the conversion of the defective appeal into a regular appeal.
The Tribunal heard arguments regarding the lack of Occupancy Certificate (OC) or Completion Certificate (CC) for the project and reserved judgment, noting that the matter is covered by a previous precedent.
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