Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Amba Datt Pant, Kamla Pant
₹1,22,57,733
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 0901126000292023 by U.P. Awas Evam Vikas Parishad against Amba Datt Pant, Kamla Pant before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the officer exceeded jurisdiction by granting interest as compensation and awarding rent, which are not permitted under the RERA Act 2016.
For Order
The Tribunal noted that the matter had already proceeded ex-parte against the respondent and subsequently reserved the judgment for delivery.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulties and rescheduled the matter for orders on 28.03.2024.
For Order
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and rescheduled the hearing for 21.02.2024.
For Order
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections despite multiple extensions and set the matter for hearing on 30.10.2023.
For Order
The Tribunal adjourned the proceedings to 18.09.2023 due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh.
For Order
The Tribunal granted the respondent a final 10-day extension to file objections to the appeal, noting that if no response is received, the matter will be decided based on the existing record.
For Order
The Tribunal treated the service of notice on the respondent as sufficient and granted a 10-day extension for filing objections, warning that the matter may proceed ex-parte if they fail to appear.
For Order
The Tribunal granted the appellant's counsel one week's time to file an affidavit of service and scheduled the appeal for further orders on 22.03.2023.
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, subsequently issuing notice to the respondents.
Tribunal Order #0901126000292023-07-05-2024
The Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the officer exceeded jurisdiction by granting interest as compensation and awarding rent, which are not permitted under the RERA Act 2016.
Tribunal Order #0901126000292023-28-03-2024
The Tribunal noted that the matter had already proceeded ex-parte against the respondent and subsequently reserved the judgment for delivery.
Tribunal Order #0901126000292023-30-01-2023
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, subsequently issuing notice to the respondents.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the officer exceeded jurisdiction by granting interest as compensation and awarding rent, which are not permitted under the RERA Act 2016. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the officer exceeded jurisdiction by granting interest as compensation and awarding rent, which are not permitted under the RERA Act 2016.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 01.07.2022 till the date of issuance of offer of possession along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vijay Pratap Singh Chauhan
- Akhand Pratap Singh
Official RERA Tribunal Orders (3)
The Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the officer exceeded jurisdiction by granting interest as compensation and awarding rent, which are not permitted under the RERA Act 2016.
The Tribunal noted that the matter had already proceeded ex-parte against the respondent and subsequently reserved the judgment for delivery.
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal, subsequently issuing notice to the respondents.
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