Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Manju Lata Pal
Appellant
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 0901126003142022 by U.P. Awas Evam Vikas Parishad against Manju Lata Pal before up_rera.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Hearing
The Tribunal heard arguments regarding the jurisdiction of an Adjudicating Officer's order and reserved its judgment for a later date.
Hearing
The Tribunal has ordered the appeal to be listed on 16.05.2024 along with other similar appeals for hearing or further orders.
Hearing
The Tribunal granted a request to list the instant appeal along with Cross Appeal No. D 225/2022 on 10.05.2024 due to similar matters being scheduled for that date.
Hearing
Upon the joint request of the counsels for both parties, the court has adjourned the hearing of Appeal-48/2022 and cross appeal No. D 225/2022 to 25.04.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for hearing on 20.03.2024, to be heard alongside a related matter.
Hearing
The Tribunal ordered that Appeal-48/2022 be listed for hearing on 16.02.2024 along with the respondent's cross-appeal (No. D 225/2022).
Hearing
Upon the joint request of the counsels for both parties, the hearing for Appeal-48/2022 has been rescheduled to 06.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to health grounds and rescheduled the hearing for August 24, 2023.
Hearing
The Tribunal granted a request for adjournment from the counsels of both parties and rescheduled the case for hearing/orders on 06.07.2023.
Hearing
The Tribunal granted the appellant permission to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for December 5, 2022.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for November 10, 2022.
Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the matter to 11.10.2022 for further orders, to be heard alongside cross Appeal No. (D) 225/2022.
Hearing
The Tribunal granted a request to list Appeal-48/2022 alongside Appeal No. 225/2022 on 06.09.2022 for a joint hearing.
Hearing
The Tribunal has adjourned the appeal to 23.08.2022 following a joint request from the counsels for both parties.
to file objections and its reply
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objection and adjourned the matter to 05.08.2022.
Delay condonation
The Tribunal directed the respondent to file objections in the correct folder within three days and granted the appellant one week to file a reply to those objections.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal granted the Appellant 10 days to file a reply to the Respondent's objections and scheduled the case for hearing on April 7, 2022, regarding the application for condonation of delay.
Delay condonation
The Tribunal adjourned the matter due to the respondent's counsel being on leave and directed the respondent to file objections within 10 days, with a subsequent reply from the applicant allowed within one week.
Delay condonation
The Tribunal issued notice to the respondent regarding the appeal and directed the appellant to serve the notice via speed post and file an affidavit of service before the next hearing on 24.02.2022.
Tribunal Order #0901126003142022-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126003142022-07-04-2022
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (2)
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
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