Appellant / Complainant
Colourful Estates Pvt. Ltd.
Respondent
Ramnik Jain
colourful estates pvt. ltd.
₹37,45,825
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 0901126001492019 by Colourful Estates Pvt. Ltd. against Ramnik Jain before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing the payment of interest for delayed possession, while further directing that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee.
Hearing
The appellant challenges a RERA order regarding interest for delayed possession, arguing that the completion certificate should be considered valid under the deeming provisions of the U.P. Apartment Act, 2016; judgment has been reserved.
Compliance of section 43(5)
The court adjourned the hearing of Appeal-339/2019 to 26.03.2021 because lawyers were abstaining from judicial work in support of a call by the Oudh Bar Association.
For Order
The Tribunal granted a request for adjournment from the appellant's counsel due to being out of station and rescheduled the defective appeal for hearing on 05.03.2021.
For Order
The Tribunal adjourned the appeal for two weeks to allow the appellant to negotiate with the respondent regarding the issue of interest for delay.
Tribunal Order #0901126001492019-27-09-2021
The appellant challenges a RERA order regarding interest for delayed possession, arguing that the completion certificate should be considered valid under the deeming provisions of the U.P. Apartment Act, 2016; judgment has been reserved.
Tribunal Order #0901126001492019-15-03-2022
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing the payment of interest for delayed possession, while further directing that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing the payment of interest for delayed possession, while further directing that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing the payment of interest for delayed possession, while further directing that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
as per penalty mentioned in the Builder Buyer Agreement, till 30.04.2016 and at the rate of MCLR+1% from 01.05.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- In Person
- Anurag Singh
Official RERA Tribunal Orders (2)
The appellant challenges a RERA order regarding interest for delayed possession, arguing that the completion certificate should be considered valid under the deeming provisions of the U.P. Apartment Act, 2016; judgment has been reserved.
The Appellate Tribunal dismissed the promoter's appeal and upheld the RERA order directing the payment of interest for delayed possession, while further directing that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee.
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