Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Birendra Singh
₹20,88,000
Respondent
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 0901126000262023 by U.P. Awas Evam Vikas Parishad against Birendra Singh before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 27.08.2015 to 25.07.2017 at MCLR+1% on the deposited amount, affirming that an allottee's right to delay interest is absolute and not waived by taking possession.
Hearing
The court granted an adjournment requested by the appellant's counsel and scheduled the appeal for orders/hearing on 04.03.2025.
Hearing
The Tribunal noted that notice to the respondent was sufficient via newspaper publication and directed the respondent to file objections, failing which the case will proceed ex parte. The matter is scheduled for hearing on 07.02.2025.
Hearing
The tribunal granted an adjournment application filed by the appellant's counsel due to illness and rescheduled the hearing for January 17, 2025.
Hearing
The Tribunal allowed the appellant's application for substituted service via newspaper publication because previous attempts to serve notice were unsuccessful due to locked premises. The matter is scheduled for hearing on 28.11.2024.
Hearing
The appeal was adjourned to 23.10.2024 due to a request for adjournment by the appellant's counsel on medical grounds and the absence of an affidavit of service.
Hearing
The Tribunal granted the appellant one week to file an application for service of notice via publication after previous attempts to serve the respondent failed, and scheduled the matter for 16.08.2024.
Hearing
The Tribunal granted a one-week extension to the appellant to serve notice on the respondent via publication after personal service failed, and adjourned the matter to 17.05.2024.
Hearing
The Tribunal granted the appellant's request to serve notice via dasti summons due to the respondent's premises being locked and scheduled the matter for hearing on 18.04.2024.
Hearing
The Tribunal issued fresh notice to the respondent due to lost proof of service and established a procedural timeline for service via speed-post and email, with the next hearing scheduled for 13.03.2024.
Hearing
The Tribunal directed the appellant to file the postal department's tracking record within a week to prove service of notice on the respondent and scheduled the matter for orders on 07.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a strike call by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
For Order
The Tribunal granted the appellant a one-week extension to file an affidavit of service and scheduled the next hearing for July 26, 2023.
For Order
The Tribunal granted the appellant one week's time to file an affidavit of service and scheduled the appeal for orders on 30.05.2023.
Delay condonation
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, issuing notice to the respondent for hearing on 21.03.2023.
Tribunal Order #0901126000262023-04-03-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 27.08.2015 to 25.07.2017 at MCLR+1% on the deposited amount, affirming that an allottee's right to delay interest is absolute and not waived by taking possession.
Tribunal Order #0901126000262023-13-02-2023
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, issuing notice to the respondent for hearing on 21.03.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 27.08.2015 to 25.07.2017 at MCLR+1% on the deposited amount, affirming that an allottee's right to delay interest is absolute and not waived by taking possession. Awarded in favor of Respondent. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 27.08.2015 to 25.07.2017 at MCLR+1% on the deposited amount, affirming that an allottee's right to delay interest is absolute and not waived by taking possession.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1 percent
Interest Period
w.e.f. 27.08.2015 to 25.07.2017 on the deposited amount and interest at MCLR+1% on the amount so computed till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vijay Pratap Singh Chauhan
- Akhand Pratap Singh
Official RERA Tribunal Orders (2)
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 27.08.2015 to 25.07.2017 at MCLR+1% on the deposited amount, affirming that an allottee's right to delay interest is absolute and not waived by taking possession.
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, issuing notice to the respondent for hearing on 21.03.2023.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.