Appellant / Complainant
U.P. State Industrial Development Authority
Respondent
Neetu Shukla
₹22,00,500
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 0901126002362020 by U.P. State Industrial Development Authority against Neetu Shukla before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partly allowed the appeal of UPSIDC, modifying the RERA order to mandate that interest be calculated based on the actual dates of installment payments rather than from the first deposit. The Tribunal also directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent during execution proceedings.
Hearing
The Tribunal heard arguments regarding an appeal by U.P. Sate Industrial Development Authority challenging a RERA order for interest on a refund, and has reserved its judgment.
Delay condonation
The Tribunal directed the respondent's counsel to seek instructions regarding the appellant's contention and scheduled the matter for hearing on 26.10.2021.
Compliance of section 43(5)
The Tribunal condoned the delay in filing the appeal by the Appellant, citing the Supreme Court's directions regarding the COVID-19 limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
Compliance of section 43(5)
The Tribunal scheduled the hearing for the application regarding the condonation of delay for March 23, 2021.
For Order
The Tribunal adjourned the matter due to an advocate strike and directed the parties to exchange pleadings, while specifically ordering the applicant to ensure compliance with Section 43(5) of the Act.
For Order
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and directed the applicant to ensure compliance with Section 43(5) of the Act.
Tribunal Order #0901126002362020-26-10-2021
The Tribunal heard arguments regarding an appeal by U.P. Sate Industrial Development Authority challenging a RERA order for interest on a refund, and has reserved its judgment.
Tribunal Order #0901126002362020-03-02-2021
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and directed the applicant to ensure compliance with Section 43(5) of the Act.
Tribunal Order #0901126002362020-09-03-2022
The Appellate Tribunal partly allowed the appeal of UPSIDC, modifying the RERA order to mandate that interest be calculated based on the actual dates of installment payments rather than from the first deposit. The Tribunal also directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent during execution proceedings.
Tribunal Order #0901126002362020-23-03-2021
The Tribunal condoned the delay in filing the appeal by the Appellant, citing the Supreme Court's directions regarding the COVID-19 limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126002362020-26-02-2021
The Tribunal adjourned the matter due to an advocate strike and directed the parties to exchange pleadings, while specifically ordering the applicant to ensure compliance with Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partly allowed the appeal of UPSIDC, modifying the RERA order to mandate that interest be calculated based on the actual dates of installment payments rather than from the first deposit. The Tribunal also directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent during execution proceedings. Awarded in favor of Partial. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partly allowed the appeal of UPSIDC, modifying the RERA order to mandate that interest be calculated based on the actual dates of installment payments rather than from the first deposit. The Tribunal also directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent during execution proceedings.
Ruling Awarded To
Partial
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from the date of deposit of installments till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kartikey Dubey
Respondent Advocate(s)
- Ajay Kumar Gupta
Official RERA Tribunal Orders (5)
The Tribunal heard arguments regarding an appeal by U.P. Sate Industrial Development Authority challenging a RERA order for interest on a refund, and has reserved its judgment.
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and directed the applicant to ensure compliance with Section 43(5) of the Act.
The Appellate Tribunal partly allowed the appeal of UPSIDC, modifying the RERA order to mandate that interest be calculated based on the actual dates of installment payments rather than from the first deposit. The Tribunal also directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent during execution proceedings.
The Tribunal condoned the delay in filing the appeal by the Appellant, citing the Supreme Court's directions regarding the COVID-19 limitation extension, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal adjourned the matter due to an advocate strike and directed the parties to exchange pleadings, while specifically ordering the applicant to ensure compliance with Section 43(5) of the Act.
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