Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Birendra Kumar
Partial
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 0901126000412023 by U.P. Awas Evam Vikas Parishad against Birendra Kumar before up_rera.
For Order
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017 based on admitted facts.
Hearing
The Tribunal heard arguments from both parties regarding the applicability of previous judgments to the current appeal and subsequently reserved its judgment.
Hearing
The Tribunal noted that pleadings have been exchanged and, upon the request of counsel, scheduled the appeal for hearing/orders on 07.08.2024.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 26/2023 for directions regarding this matter.
Hearing
Upon the joint request of the counsels for both parties, the tribunal has adjourned the appeal and scheduled it for hearing/orders on 19.04.2024.
Hearing
The Tribunal granted the respondent's counsel three days to prepare his brief and scheduled the appeal for hearing on 13.03.2024.
Hearing
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and scheduled the appeal for a hearing on March 7, 2024.
Hearing
Upon the joint request of the counsels for both parties, the appeal has been scheduled for a hearing on 31.10.2023.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for 26.09.2023.
Hearing
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the exchange of documents via email before listing the matter for hearing on 10.08.2023.
For Order
The Tribunal scheduled the case for orders/hearing on 30.05.2023 and directed reference to a previous order passed in Appeal No. 26/2023.
For Order
The Tribunal granted the respondent one week to file objections and a vakalatnama, with the appeal scheduled for hearing on 18.04.2023.
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 one, while issuing notice to the respondent for hearing on 02.03.2023.
Tribunal Order #0901126000412023-03-01-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017 based on admitted facts.
Tribunal Order #0901126000412023-30-01-2023
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular one, while issuing notice to the respondent for hearing on 02.03.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017 based on admitted facts. Awarded in favor of Partial. Awarded interest rate: MCLR+1 percent per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017 based on admitted facts.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1 percent per annum
Interest Period
w.e.f. 27.08.2015 to 25.07.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vijay Pratap Singh Chauhan
- Akhand Pratap Singh
Respondent Advocate(s)
- Pramod Mitra
Official RERA Tribunal Orders (2)
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017 based on admitted facts.
The Tribunal condoned a one-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular one, while issuing notice to the respondent for hearing on 02.03.2023.
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