Appellant / Complainant
Up Awas Evam Vikas Parishad
Respondent
Archana Gautam
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 0901126003452020 by Up Awas Evam Vikas Parishad against Archana Gautam before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Hearing
The court heard arguments from the counsel for both the appellant and respondent, but reserved the judgment for a later date.
Hearing
The Tribunal noted that the appeal is ripe for hearing and scheduled it for a subsequent hearing on March 5, 2024.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on November 3, 2023.
Hearing
The Tribunal adjourned the proceedings to 21.09.2023 following a failed settlement attempt and a request for adjournment by the respondent on health grounds, directing parties to be prepared for final hearing.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and directed the matter to be listed on 24.05.2023, noting that the appellant will move an application for withdrawal as the issue has been settled.
Hearing
The appellant's counsel informed the Tribunal that the dispute has been resolved and requested to withdraw the appeal; the matter is adjourned to 15.05.2023 for orders.
Hearing
The Tribunal has adjourned the matter and scheduled the appeal for a hearing on 10.02.2023.
Hearing
The Tribunal heard arguments regarding the legality of interest rates on delayed possession and the lack of earmarked parking space, subsequently reserving judgment on the appeal.
Hearing
The Tribunal has scheduled the appeal for a final hearing on January 31, 2022.
Hearing
The Tribunal adjourned the matter and scheduled the next hearing for January 10, 2022.
Hearing
The Tribunal noted the counsel's intent to resolve the matter regarding parking and interest relief, subsequently adjourning the appeal to 10.11.2021 for further orders.
Hearing
The Tribunal directed the appellant to issue a fresh demand letter to the respondent detailing all facts and figures in writing, while noting the possibility of an out-of-court settlement.
Hearing
The Tribunal directed the respondent to file supporting papers via the Registry and email, while allowing the appellant the opportunity to file a rebuttal. The matter is scheduled for further orders on 23.03.2021.
Tribunal Order #0901126003452020-23-03-2021
The Tribunal directed the appellant to issue a fresh demand letter to the respondent detailing all facts and figures in writing, while noting the possibility of an out-of-court settlement.
Tribunal Order #0901126003452020-07-05-2024
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Tribunal Order #0901126003452020-11-03-2022
The Tribunal heard arguments regarding the legality of interest rates on delayed possession and the lack of earmarked parking space, subsequently reserving judgment on the appeal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from promised date till the date of delivery of possession along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Akhand Pratap Singh
- Vijay Pratap Singh Chauhan
Respondent Advocate(s)
- Dilip Singh
Official RERA Tribunal Orders (3)
The Tribunal directed the appellant to issue a fresh demand letter to the respondent detailing all facts and figures in writing, while noting the possibility of an out-of-court settlement.
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
The Tribunal heard arguments regarding the legality of interest rates on delayed possession and the lack of earmarked parking space, subsequently reserving judgment on the appeal.
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