Appellant / Complainant
Amarjeet Mishra
Respondent
U.P. Awas Evam Vikas Parishad, U.P. Real Estate Regulatory Authority
u.p. awas evam vikas parishad
₹3,04,000
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 0901126003662022 by Amarjeet Mishra against U.P. Awas Evam Vikas Parishad, U.P. Real Estate Regulatory Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR + 1% per annum for the delay in handing over possession from 31.12.2019 until actual possession, excluding the COVID-19 force majeure period.
Hearing
The Tribunal heard arguments from both the appellant and respondent, after which the judgment was reserved for further consideration.
Hearing
The matter is adjourned to 21.11.2022 at the request of the respondent's counsel to allow for the perusal of the record.
Hearing
The Tribunal directed the respondent to produce the relevant case records and/or an affidavit from an authorized person to verify whether the appellant completed all formalities and to determine the cause of delay in executing the conveyance deed.
Hearing
The order records a routine revision of the listing date for Appeal-64/2022 involving Amarjeet Mishra versus U.P. Real Estate Regulatory Authority.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 23.09.2022.
Hearing
The Tribunal granted the appellant one week to re-upload annexures with proper descriptions and page numbering and rescheduled the hearing for 31.08.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for hearing on 08.08.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to them being out of station and rescheduled the hearing for 22.07.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents regarding Suo Motu Writ Petition (Civil) No. 3 of 2020 and scheduled the matter for hearing on 26.05.2022.
Delay condonation
The Tribunal granted the respondent three days to file objections to the application for condonation of delay and scheduled the matter for hearing on May 9, 2022.
Delay condonation
The Tribunal granted the respondent one week to file objections to the applicant's application for condonation of delay and set a timeline for subsequent replies and e-portal uploads.
Delay condonation
The Tribunal granted one week for the respondent to file objections to the application for condonation of delay and directed the parties to upload their pleadings on the e-portal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for March 16, 2022, to consider the application for condonation of delay.
Delay condonation
The Tribunal noted that the appeal was filed beyond the limitation period and issued notice to the respondent, directing the appellant to serve the respondent via speed post and file an affidavit of service.
Tribunal Order #0901126003662022-29-05-2023
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR + 1% per annum for the delay in handing over possession from 31.12.2019 until actual possession, excluding the COVID-19 force majeure period.
Tribunal Order #0901126003662022-16-11-2022
The Tribunal directed the respondent to produce the relevant case records and/or an affidavit from an authorized person to verify whether the appellant completed all formalities and to determine the cause of delay in executing the conveyance deed.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR + 1% per annum for the delay in handing over possession from 31.12.2019 until actual possession, excluding the COVID-19 force majeure period. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR + 1% per annum for the delay in handing over possession from 31.12.2019 until actual possession, excluding the COVID-19 force majeure period.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from the proposed date of possession i.e. 31.12.2019 till actual handing over of the possession (excluding the period from 25.03.2020 to 25.09.2020 due to Covid-19 pandemic)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kirti Prakash
- Tushar Verma
Respondent Advocate(s)
- N N Pandey
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR + 1% per annum for the delay in handing over possession from 31.12.2019 until actual possession, excluding the COVID-19 force majeure period.
The Tribunal directed the respondent to produce the relevant case records and/or an affidavit from an authorized person to verify whether the appellant completed all formalities and to determine the cause of delay in executing the conveyance deed.
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