Appellant / Complainant
S.P.Sai.It.Pvt. Ltd
Respondent
Pravat Kumar Roy
s.p.sai.it.pvt. ltd
₹2,00,000
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 0901126001922023 by S.P.Sai.It.Pvt. Ltd against Pravat Kumar Roy before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partially allowed the appeal, quashing the Adjudicating Officer's order regarding delay interest due to lack of jurisdiction but directing the payment of delay interest from 01.09.2018 to 22.07.2021 (excluding COVID-19 force majeure periods) and upholding the Rs. 75,000 compensation for structural defects.
Hearing
The Tribunal heard arguments from both counsels regarding the appeal and its objections, subsequently reserving the judgment for future pronouncement.
Hearing
The Tribunal has scheduled the case for orders on May 8, 2025, noting the presence of the respondent's counsel and the absence of the appellant's counsel.
Hearing
The appeal filed by S.P. Sai IT Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing, listing the appeal for 28-11-2024.
Hearing
The Tribunal directed both parties to upload documents concerning compensation granted for structural defects within seven days and scheduled the matter for orders on 22.10.2024.
For Order
The Tribunal granted a final opportunity to the appellant to argue the matter and rescheduled the hearing for 12.09.2024 due to their absence.
For Order
The Tribunal noted the absence of both parties and rescheduled the appeal for orders/hearing on 08.08.2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the appeal for hearing on 09.07.2024.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders/hearing on 10.05.2024.
For Order
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the appeal for hearing on 09.04.2024.
For Order
The Tribunal granted a request for adjournment from the appellant and rescheduled the appeal for orders to 05.03.2024.
For Order
The Tribunal directed the respondent's counsel to upload their objections to the respondent's folder and provide a soft copy to the appellant within three days, with the next hearing scheduled for 27.10.2023.
For Order
The Tribunal granted the respondent 10 days to file objections against the appeal and allowed the appellant one week thereafter to file a reply, scheduling the next hearing for 27.07.2023.
For Order
The Tribunal converted the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) via deposit of Rs. 3,75,000 and directed the issuance of notice to the respondent.
Defect Removal
The Tribunal noted procedural defects regarding the multiple uploading of annexures on the portal and directed the appellant's counsel to rectify these issues with the Registry before the next hearing on 27.03.2023.
Tribunal Order #0901126001922023-26-09-2025
The Appellate Tribunal partially allowed the appeal, quashing the Adjudicating Officer's order regarding delay interest due to lack of jurisdiction but directing the payment of delay interest from 01.09.2018 to 22.07.2021 (excluding COVID-19 force majeure periods) and upholding the Rs. 75,000 compensation for structural defects.
Tribunal Order #0901126001922023-16-12-2024
The appeal filed by S.P. Sai IT Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
Tribunal Order #0901126001922023-03-04-2023
The Tribunal converted the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) via deposit of Rs. 3,75,000 and directed the issuance of notice to the respondent.
Tribunal Order #0901126001922023-12-09-2024
The Tribunal directed both parties to upload documents concerning compensation granted for structural defects within seven days and scheduled the matter for orders on 22.10.2024.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partially allowed the appeal, quashing the Adjudicating Officer's order regarding delay interest due to lack of jurisdiction but directing the payment of delay interest from 01.09.2018 to 22.07.2021 (excluding COVID-19 force majeure periods) and upholding the Rs. 75,000 compensation for structural defects. The appeal filed by S.P. Sai IT Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant's counsel. Awarded in favor of Partial. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partially allowed the appeal, quashing the Adjudicating Officer's order regarding delay interest due to lack of jurisdiction but directing the payment of delay interest from 01.09.2018 to 22.07.2021 (excluding COVID-19 force majeure periods) and upholding the Rs. 75,000 compensation for structural defects. The appeal filed by S.P. Sai IT Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
w.e.f. 01.09.2018 to 22.07.2021 (excluding the period from 25.03.2020 to 25.09.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vaibhav Krishna
- Anurag Vikram Singh
Respondent Advocate(s)
- Vijay Kant Srivastava
Official RERA Tribunal Orders (4)
The Appellate Tribunal partially allowed the appeal, quashing the Adjudicating Officer's order regarding delay interest due to lack of jurisdiction but directing the payment of delay interest from 01.09.2018 to 22.07.2021 (excluding COVID-19 force majeure periods) and upholding the Rs. 75,000 compensation for structural defects.
The appeal filed by S.P. Sai IT Pvt. Ltd. was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
The Tribunal converted the defective appeal into a regular appeal following the appellant's compliance with Section 43(5) via deposit of Rs. 3,75,000 and directed the issuance of notice to the respondent.
The Tribunal directed both parties to upload documents concerning compensation granted for structural defects within seven days and scheduled the matter for orders on 22.10.2024.
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