Appellant / Complainant
Uppal Chadha Hi-Tech Developers Pvt. Ltd.
Respondent
Naresh Kumar Yadav
uppal chadha hi-tech developers pvt. ltd.
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 0901126000482023 by Uppal Chadha Hi-Tech Developers Pvt. Ltd. against Naresh Kumar Yadav before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to exempt a promoter from paying delay interest to an allottee under Section 18 of the RERA Act.
Delay condonation
The Tribunal condoned a 13-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to a conflict with a High Court matter and rescheduled the hearing for October 1, 2024.
Delay condonation
The Tribunal granted the appellant seven days to file a supplementary affidavit containing a Supreme Court judgment and directed the respondent to file any objections within the following week.
Delay condonation
The Tribunal granted a joint request from the counsels to list the defective appeal for hearing on 30.07.2024.
Delay condonation
The Tribunal noted the exchange of pleadings and scheduled the defective appeal for consideration of a delay condonation application on 02.07.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for consideration of the condonation of delay application on 02.05.2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection and scheduled the matter for hearing on 01.04.2024 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for 27.02.2024.
Delay condonation
The Tribunal noted the deposit of Rs 10,13,286/- under Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduling the matter for hearing on 17.01.2024.
Tribunal Order #0901126000482023-02-12-2024
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to exempt a promoter from paying delay interest to an allottee under Section 18 of the RERA Act.
Tribunal Order #0901126000482023-19-12-2023
The Tribunal noted the deposit of Rs 10,13,286/- under Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduling the matter for hearing on 17.01.2024.
Tribunal Order #0901126000482023-01-10-2024
The Tribunal condoned a 13-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to exempt a promoter from paying delay interest to an allottee under Section 18 of the RERA Act. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to exempt a promoter from paying delay interest to an allottee under Section 18 of the RERA Act.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 31.03.2016 till the date of obtaining Occupancy/Completion certificate (OC/CC) or till the date of offer of possession whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Bal Kishor Verma
Respondent Advocate(s)
- Sumit Sharma
Official RERA Tribunal Orders (3)
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to exempt a promoter from paying delay interest to an allottee under Section 18 of the RERA Act.
The Tribunal noted the deposit of Rs 10,13,286/- under Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduling the matter for hearing on 17.01.2024.
The Tribunal condoned a 13-day delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
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